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Resolution 1997-3151ZC 5 RESOLUTION NO97- 315 RESOLUTION FOR PETITION AV 97-013 TO VACATE ALL PUBLIC ROAD RIGHTS-OF-WAY AND UTILITIES EASEMENTS AND DEDICATIONS WITHIN THAT PORTION OF CHAMPIONSHIP DRIVE (F,qC/A MARRIOTT CLUB DRIVE) LYING EAST OF THE COLLIER COUNTY WATER-SEWER DISTRICT PUMP STATION PROPERTY DESCRIBED IN THE SPECIAL WARRANTY DEED RECORDED AT O.R. BOOK 1755, PAGE 361, ET SEQ, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; FIDDLER'S CREEK PARKWAY (F/KJA TOURNAMENT BOULEVARD); CLUB CENTER BOULEVARD (F/K/A CHAMPIONSHIP DRIVE), AS SHOWN ON THE PLAT OF MARCO SHORES UNIT 30 GOLF COURSE; AND THAT CERTAIN 60 FOOT ROADWAY EASEMENT RECORDED AT O.R. BOOK 1557, PAGE 2335, ET SEQ, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; ALL LOCATED IN SECTIONS 14 AND 15, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA o~ WHEREAS, pursuant to sections 336.09 and 336.10, Florida Statutes, Young, Van Assenderp and Varnadoe, P.A. as agents for petitioners, 951 Land Holdings Joint Venture, do hereby request the vacation of all public road fights-of-way and utilities easements and dedications within that portion of Championship Drive (F/K/A Marriott Club Drive) lying east of the Collier County Water-Sewer District Pump Station Property described in the Special Warranty Deed recorded at O.R. Book 1755, Page 361, ET SEQ, Public Records of Collier County, Florida; Fiddler's Creek Parkway (F/K/A Tournament Boulevard); Club Center Boulevard (F/K./A Championship Drive), as shown on thc plat of Marco Shores Unit 30 Golf Course; and that certain 60 foot roadway easement recorded at O.R. Book 1557, Page 2335, ET SEQ; all located in Sections 14 and 15, Township 51 South, Range 26 East, Collier County, Florida; and WHEREAS, the Board has this day held a public heating to consider vacating said road fights-of-way and utilities easements and dedications as more fully described below, and notice of said public hearing to vacate was given as required by law; and WHEREAS, the granting of the vacation will not adversely affect the ownership or fight of convenient access of other property owners. WHEREAS, the vacation and abandonment of that portion, described below, of the public road rights-of-way recorded on thc plat of Marco Shores Unit 30 Golf Course as recorded in Plat Book 17, Pages 98 through 103, inclusive would benefit the general public welfare and is in the best interest of the public in the following particulars: I. The petitioner is granting a replacement utility casement to Collier County Water- Sewer District. 2. The petitioner is accepting the maintenance responsibility for those vacated road fights- of-way thus affording reduced maintenance cost {'or Collier County. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORID, that public rights of ingress/egress, and utilities easements and dedications in the following are hereby vacated: Within the portion of Championship Drive (F,qC/A Marriott Club Drive) lying east of the Collier County Water-Sewer District Pump Station Properly Described in the Special Warranty Deed recorded at O.R. Book }755, Page 361, ET SEQ, Public Records of Collier County, Florida; Fiddler's Creek Parkway (FDrJA Tournament Boulevard); Club Center Boulevard (F/K/A Championship Drive), as shown on the plat of Marco Shores Unit 30 Golf Course; and that certain 60 foot roadway easement recorded at O.R. Book 1557, Page 2335, ET SEQ; all located in Sections 14 and 15, Township 51 South, Range 26 East, Collier County, Florida. BE IT FURTHER RESOLVED, that the Clerk is hereby directed to advertise the adoption of this Resolution once in a paper of general circulation in the County within 30 days following adoption. BE IT FURTHER RESOLVED, that the Clerk is hereby directed to record a certified copy of this Resolution, the proof of publication of the notice of public hearing, and the proof of publication of the notice of adoption of this Resolution in the Public Records of collier County, Florida, and to make proper notations of this vacation. This Resolution adopted after motion, second, and majority vote. DATED: ATTEST: DWIGHT E. BROCK, Clerk Approved aS t6 form and legal sufficiebcy: Heidi F. Ashton Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ! TIMOTHY'L. HANCOCK, Chairman RM/tnV080697/R ESO AV 97-013 Thts'~nt prepared thc. Ma~ d. Wocxflward, Esquffe Woodward, Plres & Lombardo, P.A. 801 Laurel O~k Drtve. Suite 640 Nap{es, FL 34108 Form 7 - Rev. 4/28/89 (Utility Easement Utilities Acceptance - Doc #320 OR: 2345 PG: 3392 UTILITY EASEMENT THIS EASEMENT, granted this ~ day of~, 1997, by GULF BAY 100 INC, on behalf of itself and as General Partner of GULF BAY 100, LTD., aha PARCEL Z, INC., d/b/a 951 LAND HOLDINGS JOINT VENTURE, Grantor, to the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, its successors and assigns, as Grantee. WITNESSETH: That the Grantor for and in consideration of the sum of Ten Dollars ($10.00) and other valuable consideration paid by the Grantee, receipt of which is hereby acknowledged, hereby conveys, grants, bargains and sells unto the Grantee, its successors and assigns, a perpetual, nonexclusive easement, license, and privilege to enter upon and to install and maintain water and sewer utility facilities, on the following described lands being located in Collier County, Florida, to wit: (See Exhibit "A" attached hereto and incorporated by reference herein.) TO HAVE AND TO }{OLD the same unto the Grantee and its assigns, together with the right to enter upon said land, excavate, and take materials for the purpose of constructing, operating, and maintaining utility facilities thereon. Grantor and Grantee are used for singular or plural, as the context requires. IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and year first above written. Signea, sealed and delivered in the presence of: GRANTOR: GULF BAY 100, LTD., a Florida Limited Partnership, by its General Partner: Print N~. Y~T~ OecQ~ GULF BAY/~00, INC., a Florida corpora/~on / ~ Title: as Presider and not individually Print Print Name PARCEL Z, Inc., a Florida corporation By: T-akashi Sano, President D/B/A 951 LAND HOLDINGS JOINT VENTURE STATE OF FLORIDA COUNTY OF COLLIER The foregoing.instrument was h/~,~ 1997, I 3. o nowled ed efore m., t day of Page 1 of 2 of GULF BAY 100, INC., on behalf of the corporation. an oath. STATE OF NEW YORK COUNTY OF NEW YORK as General Partner of Gulf Bay 100, Ltd., He is personally known to me and did not take Notar~ Public Commibsion No. My Commission Expires: The foregoing instrument was acknowledged before me this corporation. __ day of by TAKASHI SM[O, President of PARCEL Z, INC., on behalf of the He is personally known to me a~/~~an oath. Prin~lName: 9. Nota~l~ Public ( Co~ission No. My Co~ission Expires: JAI~'~ J. McCAR'T~ NClTA,Cly PUB~.IG, $~ale of New York N~. 05 MCSO71195 (3u~',~ l,~ New Yo~k C. ou~ty Term Expk~ Janua~f 6, ~9~9 (SEAL) o FIOOLERS~LmLITY~UT1L.EAS 2 Page 2 of 2 5 H.M.A. PROJECT #93.132 AUGUST 26, 1997 REF. DWG. B-2128 PAGE 2 OF 4 FEET, THROUGH A CENTRAL ANGLE OF 14'04'12", SUBTENDED BY A CHORD OF 122.23 FEET AT A BEARING OF N.83*44'lg'E., FOR A DISTANCE OF 122.54 FEET TO THE END OF SAID CURVE; THENCE RUN S.89'13'35"E., FOR A DISTANCE OF 1,068.77 FEET; THENCE RUN 8.88'20'44"E., FOR A DISTANCE OF 121.30 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE SOUTHWESTERLY; THENCE RUN SOUTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 549.00 FEET, THROUGH A CENTRAL ANGLE OF 45'07'01", SUBTENDED BY A CHORD OF 421.22 FEET AT A BEARING OF S.65'47'13"E., FOR A DISTANCE OF 432.30 FEET TO THE END OF SAID CURVE; THENCE RUN S.43'13'43'E., FOR A DISTANCE OF 241.85 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE NORTHEASTERLY; THENCE RUN SOUTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, H,AVlNG A RADIUS OF 1,050.00 FEET, THROUGH A CENTRAL ANGLE OF 13'51'13', SUBTENDED BY A CHORD OF 253.26 FEET AT A BEARING OF S.50'09'19'E., FOR A DIS','ANCE OF 253.88 FEET TO THE END OF SAID CURVE; THENCE RUN S.57'04'56'E., FOR A DISTANCE OF 28.15 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF CHAMPIONSHIP DRIVE ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 17AT PAGES 98 THROUGH 103 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE CONTINUE ALONG THE RIGHT-OF-WAY LINES OF CHAMPIONSHIP DRIVE AND TOURNAMENT BLVD. AS THE SAME ARE SHOWN ON SAID MARCO SHORES UNIT 30 GOLF COURSE. FOR THE FOLLOWING 7 COURSES: 1. THENCE CONTINUE S.57'04'56'E., FOR A DISTANCE OF 564.37 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE SOUTHWESTERLY; 2. THENCE RUN SOUTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 3,950.00 FEET, THROUGH A CENTRAL ANGLE OF 12'12'13", SUBTENDED BYA CHORD OF 839.73 FEET AT A BEARING OF .50 58 50 E., FOR A DISTANCE OF 841.32 FEET TO THE END OF SAID CURVE; THENCE RUN S.44'52'43'E., FOR A DISTANCE OF 351.89 FEET TO THE BEGINNING OF A ','ANGENTIAL CIRCULAR CURVE, CONCAVE WESTERLY; THENCE RUN SOUTHERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 50.00 FEET, THROUGH A CENTRAL ANGLE OF 90'00'00", SUBTENDED BY A CHORD OF 70.71 FEET AT A BEARING OF S 00'07'17"W. FOR A DISTANCE OF 78.54 FEET TO THE END OF SAID CURVE; THENCE RUN S.45'07'lT'W., FOR a DISTANCE OF 142.01 FEET TO THE BEGINNING OF ^ TANGENTIAL CIRCULAR CURVE, CONCAVE SOUTHEASTERLY; THENCE RUN SOUTHVVESTERLY ALONG THE ARC Of SAID CURVE TO THE LEFT, HAVING a RADIUS OF 2,050.00 FEET, THROUGH A CENTRAL ANGLE OF 14'05'12", SUBTENDED BYA CHORD OF 502.74 FEET AT A BEARING OF S.38'04'41"W., FOR A DISTANCE OF 504.01 FEET TO THE END OF SAID CURVE; 7. THENCE RUN S.31'02'05WV., FOR A DISTANCE OF 243.18 FEET; THENCE DEPARTING THE VVESTERLY RIGHT-OF-WAY LINE OF TOURNAMENT BLVD., RUN S.58'57'55"E. FOR A DISTANCE OF 150.00 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF- WAY LINE OF MARRIOTT CLUB DRIVE; THENCE CONTINUE ALONG THE SOUTHERLY RIGHT-OF- WAY LINE OF MARRIOTT CLUB DRIVE FOR THE FOLLOWING 3 COURSES: H.M.A. PROJECT #93.132 AUGUST 26, 1997 REF. DWG. B-2128 PAGE 3 OF 4 1. THENCE CONTINUE S.58'57'55'E., FOR A DISTANCE OF 892.53 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE SOUTHWESTERLY; 2. THENCE RUN SOUTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 3,950.00 FEET, THROUGH A CENTRAL ANGLE OF 08'44'55", SUBTENDED BY A CHORD OF 602.55 FEET AT A BEARING OF S.54'35'27"E., FOR A DISTANCE OF 603.13 FEET TO THE END OF SAID CURVE; 3. THENCE RUN S.50°13'00'E., FOR A DISTANCE OF 800.51 FEET; THENCE DEPARTING THE SOUTHERLY RIGHT-OF-WAY LINE OF MARRIOTT CLUB DRIVE, RUN S., 9 47 O0'W., FOR A DI:~TANCE OF 10.00 FEET; THENCE RUN N.50'13'O0"W., FOR A DISTANCE OF 800.51 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE SOUTHWESTERLY; THENCE RUN NORTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 3,940.00 FEET, THROUGH A CENTRAL ANGLE OF 08'44'55', SUBTENDED BY A CHORD OF 601.02 FEET AT A BEARING OF N.54'35'28"W., FOR A DISTANCE OF 601.61 FEET TO THE END OF SAID CURVE; THENCE RUN N.58'57'55'W., FOR A DISTANCE OF 1,052.53 FEET; THENCE RUN N.31'02'05"E., FOR A DISTANCE OF 253.18 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE SOUTHEASTERLY; THENCE RUN NORTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 2,060.00 FEET, THROUGH A CENTRAL ANGLE OF 14'05'12", SUBTENDED BY A CHORD OF 505.19 FEET AT A BEARING OF N.38'04'41'E., FOR A DISTANCE OF 506.47 FEET TO THE END OF SAID CURVE; THENCE RUN N.45'07'lT"E., FOR A DISTANCE OF 142.01 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE WESTERLY; THENCE RUN NORTHERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 40.00 FEET, THROUGH A CENTRAL ANGLE OF 90'00'00', SUBTENDED BY A CHORD OF 56.57 FEET AT A BEARING OF N.00°07'17"E., FOR A DISTANCE OF 62.83 FEET TO THE END OF SAID CURVE; THENCE RUN N.44°52'43"W., FOR A DISTANCE OF 351.89 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE SOUTHWESTERLY; THENCE RUN NORTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 3,940.00 FEET, THROUGH A CENTRAL ANGLE OF 12'12'13', SUBTENDED BY A CHORD OF 837.61 FEET AT A BEARING OF N.50'58'49%~/., FOR A DISTANCE OF 839.19 FEET TO THE END OF SAID CURVE; THENCE RUN N.57°O4'56'W., FOR A DISTANCE OF 592.52 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE NORTHEASTERLY; THENCE RUN NORTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 1,060.00 FEET, THROUGH A CENTRAL ANGLE OF 13°51'13', SUBTENDED BY A CHORD OF 255.68 FEET AT A BEARING OF N.50'09'19"W., FOR A DISTANCE OF 256.30 FEET TO THE END OF SAID CURVE; THENCE RUN N.43'13'43"VV., FOR A DISTANCE OF 241.85 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE SOUTHWESTERLY; THENCE RUN NORTHWES3 ERLY ALONG.THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 539.00 FEET, THROUGH A CENTRAL ANGLE OF 45°07'01", SUBTENDED BYA CHORD OF 413.55 FEET AT A BEARING OF N.65°47'13"W., FOR A DISTANCE OF 424.43 FEET TO THE END OF SAID CURVE; THENCE RUN N.88'20'44'W., FOR A DISTANCE OF 121.22 FEET; THENCE RUN N.89'13'35"W., FOR A DISTANCE OF 1,06~;.69 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE SOUTHERLY; THENCE RUN WESTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 489.00 FEET, THROUGH A CENTRAL ANGLE OF 14'04'12', SUBTENDED BY A CHORD OF 119.78 FEET AT A BEARING OF S.83'44'19'W., FOR A DISTANCE OF 120.08 FEET TO A POINT OF REVERSE CURVE, CONCAVE NORTHERLY; THENCE RUN WESTERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 511.00 FEET, THROUGH A CENTRAL ANGLE OF 14'04'12', SUBTENDED BY A CHORD OF 125.17 FEET AT A BEARING OF S.83'44'19"W., FOR A DISTANCE OF 125.48 FEET TO THE END O? SAID CURVE; · ' 12C 5 H.M.A. PROJECT #93.132 AUGUST 28, 1997 REF.- DWG. B-2128 PAGE 4 OF 4 THENCE RUN N.89'13'35"W., FOR A DISTANCE OF 399.92 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE NORTHERLY; THENCE RUN WESTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 561.00 FEET, THROUGH A CENTRAL ANGLE OF 14'50'06', SUBTENDED BY A CHORD OF 144.85 FEET AT A BEARING OF N.81 4 32"W., FOR A DISTANCE OF 145.25 FEET TO A POINT OF REVERSE CURVE, CONCAVE SOUTHERLY; THENCE RUN WESTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 339.00 FEET, THROUGH A CENTRAL ANGLE OF 14'50'06', SUBTENDED BY A CHORD OF 87.53 FEET AT A BEARING OF N.81'48'32"W., FOR A DISTANCE OF 87.77 FEET TO THE END OF SAID CURVE; THENCE RUN N 89'13'35"W , FOR A DISTANCE OF 115.03 FEET TO THE BEGINNING .OF A TANGENTIAL CIRCULAR CURVE, CONCAVE SOUTHERLY; THENCE RUN WESTERLY ALONG THE,ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 89.00 FEET, THROUGH A CENTRAL ANGLE OF 30'29'10', SUBTENDED BY A CHORD OF 46.80 FEET AT A BEARING OF S.75'31'50'W., FOR A DISTANCE OF 47[36 FEET TO A POINT OF REVERSE CURVE, CONCAVE NORTHERLY; THENCE RUN WESTERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 128.00 FEET, THROUGH A CENTRAL ANGLE OF 30'29'10', SUBTENDED BY A CHORD OF 67.31 FEET AT A BEARING OF S 75'31'50"W. FOR A DISTANCE OF 68.11 FEET TO THE END OF SAID CURVE; THENCE RUN N.89'13'35'W., FOR A DISTANCE OF 91.35 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE NORTHEASTERLY; THENCE RUN NORTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 203.00 FEET, THROUGH A CENTRAL ANGLE OF 47'05'45', SUBTENDED BY A CHORD OF 162.20 FEET AT A BEARING OF N.65'40'43"W., FOR A DISTANCE OF 166.86 FEET TO A POINT OF REVERSE CURVE, CONCAVE SOUTHWESTERLY; THENCE RUN NORTHWESTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADII. iS OF 108.50 FEET, THROUGH A CENTRAL ANGLE OF 33'01'27", SUBTENDED BY A CHORD OF 61.68 FEET AT A BEARING OF N.58'38'34"W., FOR A DISTANCE OF 62.54 FEET TO THE END OF SAID CURVE; THENCE RUN N.75'og'17"W., FOR A DISTANCE OF 44.90 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE SOUTHERLY; THENCE RUN WESTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 130.00 FEET, THROUGH A CENTRAL ANGLE OF 14'04'18", SUBTENDED BY A CHORD OF 31.85 FEET AT A BEARING OF N.82'll'26'W., FOR A DISTANCE OF 31.93 FEET TO THE END OF SAID CURVE; THENCE RUN N.89'13'35"W., FOR A DISTANCE OF 57.51 FEET; THENCE RUN N.00'19'00"E., FOR A DISTANCE OF 10.00 FEET, TO THE ,POINT OF BEG NN NG; CONTAINING 2.039 ACRES, MORE OR LESS. SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OR RECORD. BEARINGS SHOWN HEREON REFER TO THE WEST LINE OF THE NORTHEAST ONE-QUARTER OF SECTION 15, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA AS BEING N.00'lS'41'E. HOLE, MON~TES & ASSOCIA. TES, INC. CERTIF-ICATE OF AUTHORIZATION LB #1772 THOMAS M. MURPHY P.S.M. # 5628 STATE OF FLORIDA OR: 2345 PG: 3398 120' 5' 2 · Mark J. W(x:dward, Esquire ; :. Wo~3dward, Plres & Lombardo, PA. 801 Laurel Oak Drive, Su/te 640 Naple% FL 34108 Form 4 - Rev. 4/28/89 (Utilities Facilities Subordination Consent and Joinder) Utilities Acceptance Doc ~320 OR: 2345 PG: 3399 '~L~-OJ[D/~A~ONS~NT AND JOZ~DZ~ 1997, by TOMEN AMERICA INC., a New York corporation, (hereinafter referred to as "Mortgagee,,), in favor of the BOARD OF COUNTY COM}~ISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER- SEWER. DISTRICT, its successors and assigns (hereinafter referred to as "County,,). Mortgagee is used as singular and plural, as the context requires. WI TNES SETH : WHEREAS, Mortgagee is the owner and holder of that certain Development Mortgage and Security Agreement in favor of Tomen America Inc., recorded in O.R. Book 2154, page 350; Future Advance and Mortgage Modification Agreement recorded in O.R. Book 2247, page 1316; Assignment of Rentc and Leases recorded in O.R. Book 2247, page 1356; and UCC-1 Financing Statement recorded in O.R. Book 2247, page 1380, all of the Public Records of Collier County, Florida (hereinafter referred to as "Mortgage,,), encumbering the premises legally described therein (hereinafter referred to as the "Encumbered Property,,) . WHEREAS, County has requested and received from the fee simple owner of the Encumbered Property nonexclusive maintenance of utility facilities over easements for the installation and and across a portion of the encumbered premises legally described in Exhibit "A" attached hereto and incorporated herein by virtue of this reference, which premises are hereinafter referred to as the "Easement Property.,, WHEREAS, County has requested that Mortgagee consent to, Join in and subordinate its "Mortgage,, to the interest that County has in the Easement Property to which request Mortgagee has agreed. NOW, THEREFORE, in consideration of TEN DOLLARS ($10.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, the Mortgagee does hereby consent to, join in and subordinate the lien of its "Mortgage,, to the grant of that certain easement described herein over, under, and across the Easement Property and any interest of the County in any utility facilities located therein or affixed thereto.Except as subordinated to the easement described herein over, under, and across the Easement Property or any utility facilitie thereto, said "Mort a " _ s 1.ocated therein or affixe g ge shall remain otherwise In full force and effect, d IN WITNESS WHEREOF, the Mortgagee has caused these presents to be executed the date and year first above written. Signed, sealed and delivered TOMEN AMERICA INC., in the presence of: a New York corporation a~~ '~' ~rint ~ , , · Y~ _ By: _ ~r ' V ~ ~.. .Name: ( tnt Name: _ ~. -- Title~lg&'~'~J~Yfffd~/y UT~LR'Y FACILITfE9 ,~UBORDINATION OR: 2345 PG: 3400 sTATE oF ~ Yo~ co~TY-oF ~.w _~,#~?The foregoing inst~m~nt w~s ~c~owledged before mo this day of ~U~ 1997, by r. ~ (name), ~/~ (title) of TO~N ~ERICA INC., a New York co~oration, on behalf of co~oration. He/She is personally kno~ to me and did not take an oath. Not~ ~bltc ' ~ '[ Co~ission No. My Co~ission E~ires: FIDOLER S~UTILITY~UT1L.SU 8.2 UT1LITY FACILITIES SUBORDINATION Page 2 or2 12C 5 Pre~er~ng and enhancing F~dda'$ quality of#re ~ I~ HOLE, MONTES & ASSOCIATES, INC... ~EERS Pt~-NN ERS SURVEYORS LEGAL DESCRIPTION: H.M.A. PROJECT 1193.132 AUGUST 26, 1997 REF. DWG. B-2128 PAGE 1 OF 4 A PARCEL OF L~ND LOCATED IN A PORTION SECTIONS 14 AND 15, TOWNSHIP 51 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA, AND A PORTION OF GOLF COURSE PARCEL 2 AND TOURNAMENT BLVD. OF MARCO SHORES UNIT 30 GOLF COURSE ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 17, PAGE 98 THROUGH 103 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF THE NORTHEAST ONE-QUARTER OF SECTION 15, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN N.00'18'41'E., ALONG THE WEST LINE OF THE NORTHEAST ONE-QUARTER OF SAID SECTION 15,FOR A DISTANCE OF 1,343.26 FEET; THENCE CONTINUE S.69'13'35"E., FOR A DISTANCE OF 144.79 FEET, TO THE ~ OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE RUN S.69'13'35'E., FOR A DISTANCE OF 57.59 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE SOUTHERLY; THENCE RUN EASTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 140.00 FEET, THROUGH ~ CENTRAL ANGLE OF 14'04'18", SUBTENDED BY A CHORD OF 34.30 FEET AT A BEARING OF S.62'11'26'E., FOR A DISTANCE OF 34.38 FEET TO THE END OF SAID CURVE; THENCE RUN S.75'09'17'E., FOR A DISTANCE OF 44.90 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE SOUTHWESTERLY; THENCE RUN SOUTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 118.50 FEET, THROUGH A CENTRAL ANGLE OF 33°01'27', SUBTENDED BY A CHORD OF 67.36 FEET AT A BEARING OF S.58'38'34"E., FOR A DISTANCE OF 68.30 FEET TO A POINT OF REVERSE CURVE, CONCAVE NORTHEASTERLY; THENCE RUN SOUTHEASTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 193.00 FEET, THROUGH A CENTRAL ANGLE OF 47'05'45', SUBTENDED BY A CHORD OF 154.21 FEET AT A BF-_ARING OF S.65°40'43"E., FOR A DISTANCE OF 156.64 FEET TO THE END OF SAID CURVE; THENCE RUN S.69'13'35'E., FOR A DISTANCE OF 91.35 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE NORTHERLY; THENCE RUN EASTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 118.00 FEET, THROUGH A CENTRAL ANGLE OF 30'29'10", SUBTENDED BY A CHORD OF 62.05 FEET AT A BEARING OF N.75'31'50"E., FOR A DISTANCE OF 62.79 FEET TO A POINT OF REVERSE CURVE, CONCAVE SOUTHERLY; THENCE RUN EASTERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 99.00 FEET, THROUGH A CENTRAL ANGLE OF 30'29'10', SUBTENDED BY A CHORD OF 52.06 FEET AT A BEARING OF N 75'31'50"E. FOR A DISTANCE OF 52.68 FEET TO THE END OF SAID CURVE; THENCE RUN S.69°13'35"E., FOR A DISTANCE OF 115.03 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE SOUTHERLY; THENCE RUN EASTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 349.00 FEET, THROUGH A CENTRAL ANGLE OF 14'50'06", SUBTENDED BY A CHORD OF 90.11 FEET AT A BEARING OF 8.81'46'32"E., FOR A DISTANCE OF 90.36 FEET TO A POINT OF REVERSE CURVE, CONCAVE NORTHERLY; THENCE RUN EASTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 551.00 FEET, THROUGH A CENTRAL ANGLE OF 14°50'06', SUBTENDED BY A CHORD OF 142.27 FEET AT A BEARING OF S.81 8 32 E., FOR A DISTANCE OF 142.67 FEET TO THE END OF SAID CURVE; THENCE RUN 8.89'13'35"E., FORA DISTANCE OF 399.92 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE NORTHERLY; THENCE RUN EASTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 501.00 FEET, THROUGH A CENTRAL ANGLE OF 14'04'12', SUBTENDED BY A CHORD OF 122.72 FEET AT A BEARING OF N.83°44'19"E., FOR A DISTANCE OF 123.03 FEET TO A POINT OF REVERSE CURVE, CONCAVE SOUTHERLY; THENCE RUN EASTERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 499.00 120 5 H.M.A. PROJECT #93.132 AUGUST 26, 1997 REF. DWG. [%2128 PAGE 2 OF 4 FEET, THROUGH A CENTRAL ANGLE OF 14'04'12", SUBTENDED BY A CHORD OF 122.23 FEET AT A BEARING OF N.83'44'lg"E., FOR A DISTANCE OF 122.54 FEET TO THE END OF SAID CURVE; THENCE RUN S.89°13'35'E., FOR A DISTANCE OF 1,068.77 FEET; THENCE RUN S.88'20'44'E., FOR A DISTANCE OF 121.30 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE SOUTHVVESTERLY; THENCE RUN SOUTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 549.00 FEET, THROUGH A CENTRAL ANGLE OF 45'07'01 ", SUBTENDED BY A CHORD OF 421.22 FEET AT A BEARING OF S.65'47'13'E., FOR A DISTANCE OF 432.30 FEET TO THE END OF SAID CURVE; THENCE RUN S.43'13'43'E., FOR A DISTANCE OF 241.85 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE NORTHEASTERLY; THENCE RUN SOUTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 1,050.00 FEET, THROUGH A CENTRAL ANGLE OF 13"51'13', SUBTENDED E~Y A CHORD OF 253.26 FEET AT A BEARING OF S.50'09'19'E., FOR A DIS'I'ANCE OF 253.88 FEET TO THE END OF SAID CURVE; THENCE RUN S.57'04'56'E., FOR A DISTANCE OF 28.15 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF CHAMPIONSHIP DRIVE ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 17 AT PAGES 98 THROUGH 103 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE COt,q'INUE ALONG THE RIGHT-OF-WAY LINES OF CHAMPIONSHIP DRIVE AND TOURNAMENT BLVD. AS THE SAME ARE SHOWN ON SAID MARCO SHORES UNIT 30 GOLF COURSE, FOR THE FOLLOWING 7 COURSES: 1. THENCE CONTINUE S.57'04'56"E., FOR A DISTANCE OF 564.37 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE SOUTHWESTERLY; 2. THENCE RUN SOUTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 3,950.00 FEET, THROUGH A CENTRAL ANGLE OF 12'12'13", SUBTENDED BY A CHORD OF 839.73 FEET AT A BEARING OF S.50'58'50"E., FOR A DISTANCE OF 8,~1.32 FEET TO THE END OF SAID CURVE; 3. THENCE RUN S.44'52'43'E., FOR A DISTANCE OF 351.89 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE WESTERLY; 4. THENCE RUN SOUTHERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 50.00 FEET, THROUGH A CENTRAL ANGLE OF 90'00'00", SUBTENDED BYA CHORD OF 70.71 FEET AT A BEARING OF S.00'07'17"VV., FOR A DISTANCE OF 78.54 FEET TO THE END OF SAID CURVE; 5. THENCE RUN S.45'07'17'VV,, FOR A DISTANCE OF 142.01 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE SOUTHEASTERLY; 6. THENCE RUN SOUTHVVESTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 2,050.00 FEET, THROUGH A CENTRAL ANGLE OF 14'05'12', SUBTENDED BY A CHORD OF 502.74 FEET AT A BEARING OF S.38'04'41"VV., FOR A DISTANCE OF 504.01 FEET TO THE END OF SAID CURVE; 7. THENCE RUN S.31'02'05"VV,, FOR A DISTANCE OF 243.18 FEET; THENCE DEPARTING THE WESTERLY RIGHT-OF-WAY LINE OF TOURNAMENT BLVD., RUN S.58'57'55"E. FOR A DISTANCE OF 150.00 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF- WAY LINE OF MARRIOTT CLUB DRIVE; THENCE CONTINUE ALONG THE SOUTHERLY RIGHT-OF- WAY LINE OF MARRIOTT CLUB DRIVE FOR THE FOLLOWING 3 COURSES: 12C H.M.A. PROJECT #93.132 AUGUST 26, lg97 REF. DWG. B-2128 PAGE 3 OF 4 1. THENCE CONTINUE S.58'57'55'E., FOR A DISTANCE OF 892,53 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE SOUTHWESTERLY; 2. THENCE RUN SOUTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 3,950.00 FEET, THROUGH A CENTRAL ANGLE OF 08'44'55", SUBTENDED BY A CHORD OF 602.55 FEET AT A BEARING OF S.54'35'27'E., FOR A DISTANCE OF 603.13 FEET TO THE END OF SAID CURVE; 3. THENCE RUN S.50'13'00"E., FOR A DISTANCE OF 800.51 FEET; THENCE DEPARTING THE SOUTHERLY RIGHT-OF-WAY LINE OF MARRIO'FI' CLUB DRIVE, RUN S,39'47'00"VV., FOR A DISTANCE OF 10.00 FEET; THENCE RUN N.50*13'00"W,, FOR A DISTANCE OF 800.51 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE SOUTHWESTERLY; THENCE RUN NORTHVVESTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 3,940.00 FEET, 'THROUGH A CENTRAL ANGLE OF 08'44'55', SUBTENDED BY A CHORD OF 601.02 FEET AT A BEARING OF N.54*35'28"W., FOR A DISTANCE OF 501.61 FEET TO THE END OF SAID CURVE; THENCE RUN N.58'57'55'W., FOR A DISTANCE OF 1,052.53 FEET; THENCE RUN N.31*02'05'E., FOR A DISTANCE OF 253.18 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE SOUTHEASTERLY; THENCE RUN NORTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 2,060.00 FEET, THROUGH A CENTRAL ANGLE OF 14'05'12', SUBTENDED BY A CHORD OF 505.19 FEET AT A BEARING OF N.38*04'41'E., FOR A DISTANCE OF 506.47 FEET TO THE END OF SAID CURVE; THENCE RUN N.45'07'17'E., FOR A DISTANCE OF 142.01 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE WESTERLY; THENCE RUN NORTHERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, HAV1NG A RADIUS OF 40.00 FEET, THROUGH A CENTRAL ANGLE OF 90'00'00', SUBTENDED BY A CHORD OF 56.57 FEET AT A BEARING OF N.00*OT'17"E., FOR A DISTANCE OF 62.83 FEET TO THE END OF SAID CURVE; THENCE RUN N.44*52'43"VV., FOR A DISTANCE OF 351.89 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE SOUTHWESTERLY; THENCE RUN NORTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 3,940,00 FEET, THROUGH A CENTRAL ANGLE OF 12'12'13", SUBTENDED BY A CHORD OF 837.61 FEET AT A BEARING OF' N,50*58'49"W., FOR A DISTANCE OF 839.19 FEET TO THE END OF SAID CURVE; THENCE RUN N.57'04'56"VV., FOR A DISTANCE OF 592.52 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE NORTHEASTERLY; THENCE RUN NORTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT, I-LAVING A RADIUS OF 1,060,00 FEET, THROUGH A CENTRAL ANGLE OF 13'51'13', SUBTENDED BY A CHORD OF 255.68 FEET AT A BEARING OF N.50'09'19"W., FOR A DISTANCE OF 256.30 FEET TO THE END OF SAID CURVE; THENCE RUN N,43°13'43"W., FOR A DISTANCE OF 241.85 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE SOUTHWESTERLY; THENCE RUN NORTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 539,00 FEET, THROUGH A CENTRAL ANGLE OF 45°07'01", SUBTENDED BY A CHORD OF 413,55 FEET AT A BEARING OF N.65°47'13"VV., FOR A DISTANCE OF 424.43 FEET TO THE END OF SAID CURVE; THENCE RUN N.88'20'44"W., FOR A DISTANCE OF 121.22 FEET; THENCE RUN N,89*13'35"W., FOR A DISTANCE OF 1,068.69 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE SOUTHERLY; THENCE RUN WESTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 489.00 FEET, THROUGH A CENTRAL ANGLE OF 14'04'12', SUBTENDED BYA CHORD OF 119.78 FEET AT A BEARING OF S.83'44'19'VV., FOR A DISTANCE OF 120.08 FEET TO A POINT OF REVERSE CURVE, CONCAVE NORTHERLY; THENCE RUN WESTERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 511.00 FEET, THROUGH A CENTRAL ANGLE OF 14'04'12", SUBTENDED BY A CHORD OF 125.17 FEET AT A BEARING OF S.83'44'19'W., FOR A DISTANCE OF 125.48 FEET TO THE END OF SAID CURVE; -.' 120 5 H.M.A. PROJECT #93.132 AUGUST 26, 1997 REF. DWG. B-2128 PAGE 4 OF 4 THENCE RUN N.89'13'35'W., FOR A DISTANCE OF 399.92 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE NORTHERLY; THENCE RUN WESTERLY ALONG THE AR(:; OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 561.00 FEET, THROUGH A CENTRAL ANGLE OF 14'50'06", SUBTENDED BY A CHORD OF 144.85 FEET AT A BEARING OF N.81°48'32'W., FOR A DISTANCE OF 145.25 FEET TO A POINT OF REVERSE CURVE, CONCAVE SOUTHERLY; THENCE RUN WESTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 339.00 FEET, THROUGH A CENTRAL ANGLE OF 14°50'06', SUBTENDED BY A CHORD OF 87.53 FEET AT A BEARING OF N.81'48'32'W., FOR A DISTANCE OF 87.77 FEET TO THE END OF SAID CURVE; THENCE RUN N.89'13'35"W., FOR A DISTANCE OF 115.03 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE SOUTHERLY; THENCE RUN VVESTERLY ALONG THE/ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 89.00 FEET, THROUGH A CENTRAL ANGLE OF 30'29'10', SUBTENDED BY A CHORD OF 48.80 FEET AT A BEARING OF S.75'31 '50'W., FOR A DISTANCE OF 47.36 FEET TO A POINT OF REVERSE CURVE, CONCAVE NORTHERLY; THENCE RUN WESTERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 128.00 FEET, THROUGH A CENTRAL ANGLE OF 30'29'10', SUBTENDED BY A CHORD OF 67.31 FEET AT A BEARING OF S.75'31'50"VV., FOR A DISTANCE OF 68.11 FEET TO THE END OF SAID CURVE; THENCE RUN N.89'13°35"VV., FOR A DISTANCE OF 91.35 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE NOR ~HEASTERt.Y; THENCE RUN NORTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 203.00 FEET, THROUGH A CENTRAL ANGLE OF 47'05'45', SUBTENDED BY A CHORD OF 162.20 FEET AT A BEARING OF N.65'40'43"W., FOR A DISTANCE OF 166.86 FEET TO A POINT OF REVERSE CURVE, CONCAVE SOUTHWESTERLY; THENCE RUN NORTHWESTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 108.50 FEET, THROUGH A CENTRAL ANGLE OF 33'01'27', SUBTENDED BY A CHORD OF 61.68 FEET AT A BEARING OF N.58*38'34'W., FOR A DISTANCE OF 62.54 FEET TO THE ENO OF SAID CURVE; THENCE RUN N.75'og'17'VV., FOR A DISTANCE OF 44.90 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE SOUTHERLY; THENCE RUN VVESTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 130.00 FEET, THROUGH ~. CENTRAL ANGLE OF 14'04'18', SUBTENDED BY A CHORD OF 31 .B5 FEET AT A BEARING OF N.82'11'26'W., FOR A DISTANCE OF 31.93 FEET TO THE END OF SAID CURVE; THENCE RUN N.§9'13'35'W., FOR A DISTANCE OF 57.51 FEET; THENCE RUN N.00'lg'00'E., FOR A DISTANCE OF 10.00 FEET, TO THE POINT OF BEGINNIN__G; CONTAINING 2.039 ACRES, MORE OR LESS. SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OR RECORD. BEARINGS SHOWN HEREON REFER TO THE WEST LINE OF THE NORTHEAST ONE-QUARTER OF SECTION 15, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA AS BEING N.00'18'41'E. HOLE, MON'TES & ASSOCIATES, INC. CERTIFICATE OF AUTHORIZATION LB #1772 THOMAS M. MURPHY STATE OF FLORIDA OR: 2345 PG: 3405 F~ 5 · Rev. 4/28/89 Attorney's Affidavit) Utilities Acceptance. Doc ~320 This In.slrument prepared by: Mark J. W~_odward, Esquire Woodward, Plres &Lombardo, P.A. 80! Laurel Oak Drtve, Suite 640 Naples, FL 34108 OR: 2345 PG: 3406 120 ATTORNEY'S AFFIDAVIT STATE OF FLORIDA COUNTY OF COLLIER On this 3rd day of September, 1997, before me personally appeared Mark J. Woodward, a licensed attorney authorized to practice in the State of Florida, to me personally known, whose current business address and telephone number is 801 Laurel Oak Drive, Suite 640, Naples, Florida 34108, (941) 566- 3131 (hereinafter "Affiant"), who, being duly sworn on his oath, does say: 1. This Affidavit is g~ven as an inducement to the Board of County Commissioners of Collier County, Florida, as the governing body of Collier County and as Ex-Officio the Governing Board of the Collier County Water- Sewer District to accept the dedication or conveyance of water and sewer utility facilities located within or upon the real property described in the attached Exhibit "A", which is incorporated herein by reference, said land being 1ucated in Collier County, Florida. 2. The Affiant has examined record title information to both the real and personal property referenced in this affidavit, including but not limited to, information requested from the Florida Secretary of State relative to any Uniform Commercial dode financing statements from Commonwealth Land Title Insurance Company's Policy No. 107-671953 and endorsements which cover all public records on file up to and including February 3, 1994; Chicago Title Insurance Company's Policy No. 10 0878 106 00000009 which covers all public records on file up to and including June 26, 1996; and abstracts from First Title & Abstract, Inc., which covers all public records on file up to and including June 24, 1997, at 5:00 p.m. From such examination, I am of the opinion that: The record title is vested in Gulf Bay 100, Inc., and Parcel Z, Inc., d/b/a 951 Land Holdings Joint Venture, by instruments recorded in O.R. Book 1911, page 144, and in O.R. Book 2199, page 1420, Public Records of Collier County, Florida. Said record title holders have a fee simple title thereto subject, however, to the following qualifications: Taxes: For the year 1997 and subsequent years although not yet due and payable until on or after November 1, 1997. 1996 taxes were paid on November 26, 1996. Department of Army Permit issued under Application Number 78B-0683 having an effective date of September 29, 1983, and recorded in O.R. Book 1360, pages 1238-1252, recorded September 24, 1991, in O.R. Book 1650, at pages 160-174. Road Easement dated December 12, 1989, from the Deltona Corporation, to The School Board of Collier County, recorded December 29, 1989, in O.R. Book 1495, at pages 374-383. Temporary Access Easement recorded April 10, 1997, in O.R. Book 2303, page 1792, Public Records of Collier County, Florida. Development Mortgage and Security Agreement in favor of Tomen America Inc. recorded in O.R. Book 2154, page 350; Future Advance and Mortgage Modification Agreement recorded in O.R. Book 2247, page 1316; Assignment Page 1 of 2 lac 5 OR: 2345 PG: 3407 of Rents and Leases recorded in O.R. Book 2247, page 1356; and UCC-1 Financing Statement recorded in O.R. Book 2247, page 1380, all of the Public Records of Collier County, Florida. Polling Place Agreement between 951 Land Holdings Joint Venture and the Supervisor of Elections, recorded in O.R. Book 2169, page 1177, Public Records of Collier County, Florida. Final Judgment validating the Fiddler's Creek Community Development District Special Assessment Revenue Bonds, Case No. 96-3097-CA-O1-TB, recorded in O.R. Book 2239, page 1896, Public Records of Collier County, Florida. 10. 11. Avigation Easement in favor of Collier County and Collier County Airport Authority, recorded October 25, 1996, in O.R. Book 2242, page 2307, Public Records of Collier County, Florida. That certain Planned Unit Development (P.U.D.) issued by Collier County under Ordinance No. 84-41 (84-42) on June 12, 1984, as amended by Ordinance Nos. 88-48 and 89-34 as issued on May 24, 1988, and June 13, 1989 respectively, Collier County, Florida. That certain Development Order (D.O.) issued by Collier County under Ordinance No. 84-3 on June 12, 1984, recorded February 15, 1990, in O.R. Book 1505, pages 1728 through 1782, as amended by Ordinance Nos. 88-117 issued May 24, 1988, recorded in O.R. Book 1505, page 2348, and 89-149 as issued June 13, 1989, recorded in O.R. Book 1505, page 1795, recorded in O.R. Book 1514, at pages 746-760, Collier County,'Florida. Potable Water Easement dated November 9, 1989, from The Deltona Corporation, to City National Bank of Florida, as Trustee, recorded November 16, 1989, in O.R. Book 1484, at pages 1697-1711. Not covered in this Title Opinion are: rights of parties under unrecorded purchase agreements or leases, if any; and facts that might b~, disclosed by an accurate survey or personal inspection of the property. A copy of each of the above-referenced instruments is attached hereto and by reference made a part hereof. Affiant further states that the information contained in this Affidavit is true, correct and current as of the date this Affidavit is given. ~~r ~ STATE OF FLORIDA k J. Woodward COUNTY OF COLLIER Sworn to (or affirmed) September, 1997, by MARK J. WOODWARD, and subscribed before me this 3rd day of who~s personally known to me. Prin~ Name: <~a~/7~ Notary Public ' ' Commission No. My Commission Expires: (SEAL) Page 2 of 2 12C 5 HOLE, MONTES · ASSOCIATES, INC. H.M.A. PROJECT ~t93.132 AUGUST 26, 1997 REF. DWG, B--2128 PAGE 1 OF 4 LEGAL DESCRIPTION: A PARCEL OF LAND LOCATED IH A PORTION SECTIONS 14 AND 15, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, AND A PORTION OF GOLF COURSE PARCEL 2 AND TOURNAMENT BLVD. OF MARCO SHORES UNIT 30 GOLF COURSE ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 17, PAGE 98 THROUGH 103 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF THE NORTHEAST ONE-QUARTER OF SECTION 15, TOWNSHIP 51 SO~JTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN t,.O0'l 8'41'E., ALONG THE WEST LINE OF THE NORTHEAST ONE-QUARTER OF SAID SECTION 15,FOR A DISTANCE OF 1,343.26 FEET; THENCE CONTINUE S.89'13'35'E., FOR A DISTANCE OF 144.79 FEET, TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE RUN S.89'13'35"E., FOR A DISTANCE OF 57.59 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE. CONCAVE SOUTHERLY; THENCE RUN EASTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT, PLAVING A RADIUS OF 140.00 FEET, THROUGH A CENTRAL ANGLE OF 14'04'18', SUBTENDED BY A CHORD OF 34.30 FEET AT A BEARING OF S.82'11'26'E., FOR A DISTANCE OF 34.38 FEET TO THE END OF SAID CURVE; THENCE RUN S.75'Og'17'E., FOR A DISTANCE OF 44.90 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE SOUTHWESTERLY; THENCE RUN SOUTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 118.50 FEET, THROUGH A CENTRAL ANGLE OF 33'01'27', SUBTENDED BY A CHORD OF 67.38 FEET AT A BEARING OF S.58'38'34'E., FOR A DISTANCE OF 68.30 FEET TO A POINT OF REVERSE CURVE, CONCAVE NORTHEASTERLY; THENCE RUN SOUTHEASTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 193.00 FEET, THROUGH A CENTRAL ANGLE OF 47'05'45", SUBTENDED BY A CHORD OF 154.21 FEET AT A BEARING OF S.65'40'43'E., FOR A DISTANCE OF 158.64 FEET TO THE END OF SAID CURVE; THENCE RUN S.89'13'35'E., FOR A DISTANCE OF 91.35 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE NORTHERLY; THENCE RUN EASTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 118.00 FEET, THROUGH A CENTRAL ANGLE OF 30'29'10", SUBTENDED BY A CHORD OF 62.05 FEET AT A BEARING OF N.75'31'50'E., FOR A DISTANCE OF 62.79 FEET TO A POINT OF REVERSE CURVE, CONCAVE SOUTHERLY; THENCE RUN EASTERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 99.00 FEET, THROUGH A CENTRAL ANGLE OF 30'29'10', SUBTENDED BY A CHORD OF 52.06 FEET AT A BEARING OF N.75'31'50"E., FOR A DISTANCE OF 52.68 FEET TO THE END OF SAID CURVE; THENCE RUN S.59'13'35'E., FOR A DISTANCE OF 115.03 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, COHCAVE SOUTHERLY; THENCE RUN EASTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 349.00 FEET, THROUGH A CENTRAL ANGLE OF 14'50'06', SUBTENDED dY A CHORD OF 90.11 FEET AT A BEARING OF S.81'48'32'E., FOR A DISTANCE OF 90.38 FEET TO A POINT OF REVERSE CURVE, CONCAVE NORTHERLY; THENCE RUN EASTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 551 .IX) FEET, THROUGH A CENTRAL ANGLE OF 14'5c}'r)6', SUBTENDED BY A CHORD OF 142.27 FEET AT A BEARING OF S.81'48'32"E., FOR A DISTANCE OF 142.67 FEET TO THE END OF SAID CURVE; THENCE RUN S.89'13'35'E., FOR A DISTANCE OF 399.92 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE NORTHERLY; THENCE RUN EASTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 501.00 FEET, THROUGH A CENTRAL ANGLE OF 14'04'12', SUBTENDED BY A CHORD OF 122.72 FEET AT A BEARING OF N.83'44'lg'E., FOR A DISTANCE OF 123.03 FEET TO A POINT OF REVERSE CURVE, CONCAVE SOUTHERLY; THENCE RUN EASTERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 499.00 O 0 tOS~ ABERNATHY STREET BONITA SPRII'~S, FLO~IIOA 34135 941.992.O795 FAX 941-992.2327 12C 5 H.M.A. PROJECT 1193.132 AUGUST 28, 1997 REF. DWG. 1~2128 PAGE 2 OF 4 FEET, THROUGH A CENTRAL ANGLE OF !4'04'12', SUBTENDED BY A CHORD OF 122.23 FEET AT A BEARING OF N.83'44'1g'E., FOR A DISTANCE OF 122.54 FEET TO THE END OF SAID CURVE; THENCE RUN S.89'13~5'E., FOR A DISTANCE OF 1,068.77 FEET; THENCE RUN S.88'20'44'E., FOR A DISTANCE OF 121.30 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE SOUTHWESTERLY; THENCE RUN SOUTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 549.00 FEET, THROUGH A CENTRAL ANGLE OF 45'07'01', SUBTENDED BY A CHORD OF 421.22 FEET AT A BEARING OF S.65'47'13'E., FOR A DISTANCE OF 432.30 FEET TO THE END OF SAID CURVE; THENCE RUN S.43'13'43'E., FOR A DISTANCE OF 241.85 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE NORTHEASTERLY; THENCE RUN SOUTHEASTERLY ALONG T;'IE ARC OF SAID CURVE TO THE LEFT,,HAVING A RADIUS OF 1,050.00 FEET, THROUGH A CENTRAL ANGLE OF 13'51'13', SUBTENDED BY A CHORD OF 253.28 FEET AT A BEARING OF S.50'09'19'E., FOR A DISTANCE OF 253.88 FEET TO THE END OF SAID CURVE; THENCE RUN S.57'04'56'E., FOR A DISTANCE OF 28.15 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF CHAMPIONSHIP DRIVE ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 17 AT PAGES 98 THROUGH 103 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE CONTINUE ALONG THE RIGHT-OF-WAY LINES OF CHAMPIONSHIP DRIVE AND TOURNAMENT BLVD. AS THE SAME ARE SHOWN ON SAID MARCO SHORES UNIT 30 GOLF COURSE, FOR THE FOLLOWING 7 COURSES: 1. THENCE CONTINUE S.57'04'SR'E., FOR A DISTANCE OF 564.37 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE SOUTHWESTERLY; THENCE RUN SOUTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 3,950.00 FEET, THROUGH A CENTRAL ANGLE OF 12°12'13', SUBTENDED BY A CHORD OF 839.73 FEET AT A BEARING OF S.50°58'50'E., FOR A DISTANCE OF 841.32 FEET TO THE END OF SAID CURVE; 3. THENCE RUN S.44'52'43'E., FOR A DISTANCE OF 351.89 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE WESTERLY; THENCE RUN SOUTHERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 50.00 FEET, THROUGH A CENTRAL ANGLE OF 90'00'00', SUBTENDED BY A CHORD OF 70.71 FEET AT A BEARING OF S.00'07'lT"W., FOR A DISTANCE OF 78.54 FEET TO THE END OF SAID CURVE; 5. THENCE RUN S.45'07'17'W., FOR A DISTANCE OF 142.01 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE SOUTHEASTERLY; THENCE RUN SOUTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 2,050.00 FEET, THROUGH A CENTRAL ANGLE OF 14'05'12', SUBTENDED BY A CHORD OF 502.74 FEET AT A BEARING OF S.38°04'41'W., FOR A DISTANCE OF 504.01 FEET TO 'FHE END OF SAID CURVE; 7. THENCE RUN S.31'02'05~/V., FOR A DISTANCE OF 243.18 FEET; THENCE DEPARTING THE WESTERLY RIGHT-OF-WAY LINE OF TOURNAMENT BLVD., RUN S.58'57'55"E. FOR A DISTANCE OF 150.00 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF- WAY LINE OF MARRIOTT CLUB DRIVE; THENCE CONTINUE ALONG THE SOUTHERLY RIGHT-OF- WAY LINE OF MARRIOTT CLUB DRIVE FOR THE FOLLOWING 3 COURSES: O 0 12C 5: H.M.A. PROJECT t1~93.132 AUGUST 26, 1997 REF. DWG. B-2128 PAGE 3 OF 4 1. THENCE CONTINUE S.58'57'55'E., FOR A DISTANCE OF 892.53 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE SOUTHWESTERLY; 2. THENCE RUN SOUTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAV1NG A RADIUS OF 3,950.00 FEET, THROUGH A CENTRAL ANGLE OF 08'44'55', SUBTENDED BY A CHORD OF 602.55 FEET AT A BEARING OF S.54'35'27'E., FOR A DISTANCE OF 603.13 FEET TO THE ENO OF SAID CURVE; 3. THENCE RUN S.50°13'00'E., FOR A DISTANCE OF 800.51 FEET; THENCE DEPARTING,THE SOUTHERLY RIGHT-OF-WAY LINE OF MARRIOTT CLUB DRIVE, RUN · S.39'47'OO'W., FOR A DISTANCE OF 10.00 FEET; THENCE RUN N.50'13'OO'VV., FOR A DISTANCE OF 800.51 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE SOLFrHvCESTERLY; THENCE RUN NORTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT. HAVING A RADIUS OF 3,940.00 FEET, THROUGH A CENTRAL ANGLE OF 08'44'55', SUBTENDED BY A CHORD OF 601.02 FEET AT A BEARING OF N.54'35'28'W., FOR A DISTANCE OF 601.61 FEET TO THE END OF SAID CURVE; THENCE RUN N.58'57'55'W., FOR A DISTANCE OF 1,052.53 FEET; THENCE RUN N.31'O2'05'E., FOR A DISTANCE OF 253.18 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE SOUTHEASTERLY; THENCE RUN NORTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 2,060.00 FEET, THROUGH A CENTRA.L ANGLE OF 14'05'12', SUBTENDED BY A CHORD OF 505.19 FEET AT A BEARING OF N.38'04'41'E., FOR A DISTANCE OF 506.47 FEET TO THE END OF · SAID CURVE; THENCE RUN N.45'07'17'E., FOR A DISTANCE OF 142.01 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE., CONCAVE W~STERLY; THENCE RUN NORTHERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 40.00 FEET, THROUGH A CENTRAL ANGLE OF 90'00'00', SUBTENDED BY A CHORD OF 56.57 FEET AT A BEARING OF N.OO'OT'17'E., FOR A DISTANCE OF 62.83 FEET TO THE END OF SAID CURVE; THENCE RUN N.44'52.43'W., FOR A DISTANCE OF 351.89 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CO~4CAVE SOUTHVVESTERLY; THENCE RUN NORTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 3,940.00 FEET, THROUGH A CENTRAL ANGLE OF 12'12'13', SUBTENDED BY A CHORD OF 837.61 FEET AT A BEARING OF N.50'58'4g'w., FOR A DISTANCE OF 839.19 FEET TO THE END OF SAID CURVE; THENCE RUN N.57'04'56'W., FOR A DISTANCE OF 592.52 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE NORTHEASTERLY; THENCE RUN NORTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 1,060.00 FEET, THROUGH A CENTRAL ANGLE OF 13'51'13', SUBTEHDED BY A CHORD OF 255.68 FEET AT A BEARING OF N.50'09'1g'W., FOR A DISTANCE OF 256.30 FEET TO THE END OF SAID CURVE; THENCE RUN N.43'13'43'W., FOR A DISTANCE OF 241.85 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE SOUTHWESTERLY; THENCE RUN NORTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 539.00 FEET, THROUGH A CENTRAL ANGLE OF 45'07'01', SUBTENDED BY A CHORD OF 413.55 FEET AT A BEARING OF N.65'47'13'W., FOR A DISTANCE OF 424.43 FEET TO THE END OF SAID CURVE; THENCE RUN N.88'20'44'W., FOR A DISTANCE OF 121.22 FEET; THENCE RUN N.sg'13'35"W., FOR A DISTANCE OF 1,068.69 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE SOUTHERLY; THENCE RUN WESTERLY ALONG THE ARC OF ,3AID CURVE TO THE LEFT, HAVING A RADIUS OF 489.00 FEET, THROUGH A CENTRAl. ANGLE OF 14'O4'12", SUBTENDED BY A CHORD OF 119.78 FEET AT A BEAR!NG OF S.83'44'lffW., FOR A DISTANCE OF 120.08 FEET TO A POINT OF REVERSE CURVE, CONCAVE NOR'[HERLY; THENCE RUN WESTERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 511.00 FEET, THROUGH A CENTRAL ANGLE OF 14'04'12', SUBTENDED BY A CHORD OF 125.17 FEET AT A BEARING OF S.83'44'19'W., FOR A DISTANCE OF 125.48 FEET TO THE END OF SAID CURVE; H.M.A. PROJECT #93.132 AUGUST 28, 1997 REF. DWG. B-2128 PAGE 4 OF 4 THENCE RUN N.Sg'13'35"W., FOR A DISTANCE OF 399.92 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE NORTHERLY; THENCE RUN WESTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 561.00 FEET, THROUGH A CENTRAL ANGLE OF 14'50'06', SUBTENDED BY A CHORD OF 144,85 FEET AT A BEARING OF N.81°48'32'VV., FOR A DISTANCE OF 145.25 FEET TO A POINT OF REVERSE CURVE, CONCAVE SOUTHERLY; THENCE RUN WESTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 339.00 FEET, THROUGH A CENTRAL ANGLE OF 14'50'06', SUBTENDED BY A CHORD OF 87.53 FEET AT A BEARING OF N.81'48'32'VV., FOR A DISTANCE OF 87.77 FEET TO THE END OF SAID CURVE; THENCE RUN N.89'13'35"VV., FOR A DISTANCE OF 115.03 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE SOUTHERLY; THENCE RUN WESTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 89.00 FEET, ~'HROUGH A CENTRAL ANGLE OF 30°29'10', SUBTENDED BY A CHORD OF 46.80 FEET AT A BEARING OF S.75'31'50'W,, FOR A DISTANCE OF 47.36 FEET TO A POINT OF REVERSE CURVE, CONCAVE NORTHERLY; THENCE RUN WESTERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 128.00 FEET, THROUGH A CENTRAL ANGLE OF 30'29'10", ,SUBTENDED BY A CHORD OF 67.31 FEET AT A BEARING OF S.75'31'50"VV., FOR A DISTANCE OF 68.11 FEET TO THE END OF SAID CURVE; THENCE RUN N.Sg'13'35"VV., FOR A DISTANCE OF 91.35 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE NORTHEASTERLY; THENCE RUN NORTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 203.00 FEET, THROUGH A CENTRAL ANGLE OF 47'05'45", SUBTENDED BY A CHORD OF 162.20 FEET AT A BEARING OF N.65'40'43'SN., FOR A DISTANCE OF 166.86 FEET TO A POINT OF REVERSE CURVE, CONCAVE SOUTHWESTERLY; THENCE RUN NORTHWESTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 108.50 FEET, THROUGH A CENTRAL ANGLE OF 33°01'27", SUBTENDED BY A CHORD OF 61.68 FEET AT A BEARING OF N.58°38'34'W., FOR A DISTANCE OF 62,54 FEET TO THE END OF SAID CURVE; THENCE RUN N.75'09'I7"VV., FOR A DISTANCE OF 44.90 FEET TO THE BE.GINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE SOUTHERLY; THENCE RUN WESTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 130.00 FEET, THROUGH A CENTRAL ANGLE OF 14'04'18', SUBTENDED BY A CHORD OF 31.85 FEET AT A BEARING OF N.82"11'26"W., FOR A DISTANCE OF 31.93 FEET TO THE END OF SAID CURVE; THENCE RUN N.89'13'35'W., FOR A DISTANCE OF 57.51 FEET; THENCE RUN N.OO'19'00'E., FOR A DISTANCE OF 10.00 FEET, TO THE pOINT OF B, EG!NNIN(~; CONTAINING 2.039 ACRES, MORE OR LESS. SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OR RECORD. BEARINGS SHOWN HEREON REFER TO THE WEST LINE OF THE NORTHEAST ONE-QUARTER OF SECTION 15, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA AS BEING N.00' 18'4 I'E. HOLE, MONTES & ASSOCIATES, INC. CERTIFICATE OF AUTHORIZATION LB #1772 THOMAS M. MURPHY P.S.M. # 5828 STATE OF FLORIDA lib 5 NapLes DaiLy Hews NapLes, FL Affidavit of PubLicatic~ Naples Daily BOARD OF COUNTY COflMISSIO~ERS ATTH: NANCY SAL~ PO BOX 413016 NAPLES FL 3A101-3016 REFERENCE: 001230 701061 5?549497 PUBLIC NOTICE ~otice State of FLorida County of CoLLter ~fore the u~erstgned autk~rity, personally appemred B. Lamb, ~ho o~ oath says ~hat she serves a~ the A~si~tant Coc~rm~e Secret~cy of the Naples Deity N~s, a daily n~s~per ~Lish~ at Naples, in Collier C~nty, FLor~: t~t the ~tt~c~ c~y of the ~verti/J~ wll ~ltlh~ in laid n~s~per ~ d~te~ lJst~ Affiant further Ilyl J~t the la~d ~p[el Oaily Collier C~nty~ FLorida, a~ t~t the ~aid n~m~r ~m heretofore ~ ~bL~sh~ in ma~d Collier C~ty, FLorida, each day a~ ~m been enter~ am ~:ter mt the ~st o~ftce in ~pLe~, in said Collier C~nty, FLorida, for m ~ri~ Bt q year next prec~i~ the ~irst ~bLicatt~ of the ettach~ copy of advertts~nt; m~ afftant further aey~ that she has neJther ~td pr~t~ any per,n, f~re or ¢~ratJ~ any dJsc~nt, re~te, c~JaaJ~ or ref~ for the ~r~se of securi~ thts ~ertis~t for ~btJcat~ tn the ~aJd PUBLISHEO ON: 08/17 AO SPACE: 53.000 INCH FILEO ON: 08/q8/97 12C 5 Ju0~h A. Flanigan MY COMMLS.C;iON I CC508787 EXPIRES BOnDeD T~U T~Oy FA~N h'eSu~,~;E. )NC. $.R. 9~1 I00' R/W EAST RIW ~ Im mo ~P o ('3 -I z This'Instrument prepered by: · ' M,~r~ J. Woodward, Esquire ~ Woodward, Plres & Lombardo, P.A. 801 Laur~ Oak Drive, Suite 640 Naples, I L 34108 Form 7 - Rev. 4/28/89 (Utility Easement Utilities Acceptance - Doc let~: #320 CLI~[ ?0 T~! ~O~D UTILITY EASEMENT 2224996 OR: 2346 PG: 0006 DOC-, 1~ COHiS ~.00 12C 5' THIS EASEMENT, granted this ~ day of(~l~f, 1997, by GULF BAY 100, INC, on behalf of itself and as General Partner of GULF BAY 100, LTD., and PARCEL Z, INC., d/b/a 951 LAND HOLDINGS JOINT VENTURE, Grantor, to the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, its successors and assigns, as Grantee. WITNESSETH: That the Grantor for and in consideration of the sum of Ten Dollars ($10.00) and other valuable consideration paid by the Grantee, receipt of which is hereby acknowledged, hereby conveys, grants, bargains and sells unto the Grantee, its successors and assigns, a perpetual, nonexclusive easement, license, and privilege to enter upon and to install and maintain water and sewer utility facilities, on the following described lands being located in Collier County, Florida, to wit: (See Exhibit "A" attached hereto and incorporated by reference herein.) TO HAVE AND TO HOLD the same unto the Grantee and its assigns, together with the right to enter upon said land, excavate, and take materials for the purpose of constructing, operating, and maintaining utility facilities thereon. Grantor and Grantee are used for singular or plural, as the context requires. IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and year first above written. Signed, sealed and delivered in the presence of: Print GRANTOR: GULF BAY 100, LTD., a Florida Limited Partnership, by its General Partner: GULF BAY~O0, INC., a Florida corpora on ,.~~ Title: as Presidft and not individuall'~ STATE OF FLORIDA COUNTY OF COLLIER PARCEL Z, Inc., a Florida corporation By: ~Takashi Sano, President D/B/A 951 LAND HOLDINGS JOINT VENTURE The foregoing-instrument~was ~cknowledged before me this day of of GULF BAY 100, INC., as General Partner of Gulf Bay 100, Ltd., on behalf of the corporation He is personally known to me and did not take an oath. , / ].2.0 5 Notary Public Commission No. My Commission Expires: -~'~ ~'~'.~, ~'ul~li~. S,,~ or m~-~. (SEAL) ~..1~/~? C~m"u.k~ No. CC ~ ~ ~ty C~~ E~p ~1 STATE OF NEW YORK COUNTY OF NEW YORK ~ ~ ~ The foregoing inst~ment was acknowled ged before me this . day of ~~ _1997, by TA~SHI SANO, President of PARCEL Z, IN~4, on be~ of-the corporation. He is personally known to ~ Prin~Name: _ Nota~ ~blic Commission No. My Co~ission Expires: (SEAL) FIDOLER~LrT1LITY~UT1L ~.2 Page 2 of 2 Preserving and enhancing Flon'd,~ '$ quably of life since ~966 HOLE, MONTES & ASSOCIATES, INC, ENGINEERS PLA~',INERS SURVEYORS H.M.A. PROJECT #93.132 AUGUST 26, 1997 REF. DWG. B-2128 PAGE I OF 4 LEGAL DESCRIPTION: A PARCEL OF LAND LOCATED IN A PORTION SECTIONS 14 AND 15, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, AND A PORTION OF GOLF COURSE PARCEL 2 AND TOURNAMENT BLVD, OF MARCO SHORES UNIT 30 GOLF COURSE ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 17, PAGE 98 THROUGH 103 OF THE PUBLIC RI'CORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF THE NORTHEAST ONE-QUARTER OF SECTION 15, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN N.00'lB'41"E., ALONG THE WEST LINE OF THE NORTHEAST ONE-QUARTER OF SAID SECTION 15,FOR A DISTANCE OF 1,343.26 FEET; THENCE CONTINUE S.89'13'35"E., FOR A DISTANCE OF 144.79 FEET, TO THE pO. !NT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE RUN S.89'13'35"E., FOR A DISTANCE OF 57.59 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE SOUTHERLY; THENCE RUN EASTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 140.00 FEET, THROUGH A CENTRAL ANGLE OF 14'04'18", SUBTENDED BY A CHORD OF 34.30 FEET AT A BEARING OF S.82'11'26'E., FOR A DISTANCE OF 34.38 FEET TO THE END OF SAID CURVE; THENCE RUN S.75'09'17"E., FOR A DISTANCE OF 44.90 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE SOUTHWESTERLY; THENCE RUN SOUTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 118.50 FEET, THROUGH A CENTRAL ANGLE OF 33'01'27", SUBTENDED BY A CHORD OF 67.36 FEET AT A BEARING OF S.58'38'34"E., FOR A DI 3TANCE OF 68.30 FEET TO A POINT OF REVERSE CURVE, CONCAVE NORTHEASTERLY; THENCE RUN SOUTHEASTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 193.00 FEET, THROUGH A CENTRAL ANGLE OF 47'05'45", SUBTENDED BYA CHORD OF 154.21 FEET AT A BEARING OF S.65'40'43"E., FOR A DISTANCE OF 158.64 FEET TO THE END OF SAID CURVE; THENCE RUN S.89'13'35'E., FOR A DISTANCE OF 91.35 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE NORTHERLY; THENCE RUN EASTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 118.00 FEET, THROUGH A CENTRAL ANGLE OF 30'29'10", SUBTENDED BY A CHORD OF 62.05 FEET AT A BEARING OF N.75'31'50"E., FOR A DISTANCE OF 62.79 FEET TO A POINT OF REVERSE CURVE, CONCAVE SOUTHERLY; THENCE RUN EASTERLY, ALONG THE ARC OF SAID ~URVE TO THE RIGHT, HAVING A RADIUS OF 99,00 FEET, THROUGH A CENTRAL ANGLE OF 30'29'10", SUBTENDED BY A CHORD OF 52.06 FEET AT A BEARING OF N.75'31'50"E., FOR A DISTANCE OF 52.68 FEET TO THE END OF SAID CURVE; THENCE RUN 8.89'13'35"E., FOR A DISTANCE OF 115.03 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE SOUTHERLY; THENCE RUN EASTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 349.00 FEET, THROUGH A CENTRAL ANGLE OF 14'50'06", SUBTENDED BY A CHORD OF 90.11 FEET AT A BEARING OF S.81 '48'32"E., FOR A DISTANCE OF 90.36 FEET TO A POINT OF REVERSE CURVE, CONCAVE NORTHERLY; THENCE RUN EASTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 551.00 FEET, THROUGH A CENTRAL ANGLE OF 14'50'06", SUBTENDED BY A CHORD OF 142.27 FEET AT A BEARING OF S.81'48'32"E., FOR A DISTANCE OF 142.67 FEET TO THE END OF SAID CURVE; THENCE RUN S.89'13'35"E., FOR A DISTANCE OF 399.92 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, · CONCAVE NORTHERLY; THENCE RUN EASTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 501.00 FEET, THROUGH A CENTRAL ANGLE OF 14'04'12", SUBTENDED BY A CHORD OF 122.72 FEET AT A BEARING OF N.83'44'lg"E., FOR A DISTANCE OF 123.03 FEET TO A POINT OF REVERSE CURVE, CONCAVE SOUTHERLY; THENCE RUN EASTERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 499.00 O 0 0 0 12C 5' H.M.A. PROJECT #93.132 AUGUST 26, 1997 REF. DWG. B-2128 PAGE 2 OF 4 FEET, THROUGH A CENTRAL ANGLE OF 14'04'12", SUBTENDED BY A CHORD OF 122.23 FEET AT A BEARING OF N.83'44'19"E., FOR A DISTANCE OF 122.54 FEET TO THE END OF SAID CURVE; THENCE RUN .89 13 35 E., FOR A DISTANCE OF 1,068.77 FEET; THENCE RUN S.88'20'44"E., FOR A DISTANCE OF 121.30 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE SOUTHWESTERLY; THENCE RUN SOUTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 549.00 FEET, THROUGH A CENTRAL ANGLE OF 45'07'01', SUBTENDED BY A CHORD OF 421.22 FEET AT A BEARING OF S.65'47'13"E., FOR A DISTANCE OF 432.30 FEET TO THE END OF SAID CURVE; THENCr: RUN S.43'13'43"E., FOR A DISTANCE OF 241.85 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CCNCAVE NORTHEASTERLY; THENCE RUN SOUTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 1,050.00 FEET, THROUGH A CENTRAL ANGLE OF 13'51'13', SUBTENDED BY A CHORD OF 253.26 FEET AT A BEARING OF S.50'09'19"E., FOR A DISTANCE OF 253.88 FEET TO THE END OF SAID CURVE; THENCE RUN S 57'04'56'E FOR A DISTANCE OF 28.15 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF CHAMPIONSHIP DRIVE ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 17 AT PAGES 98 THROUGH 103 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE CONTINUE ALONG THE RIGHT-OF-WAY LINES OF CHAMPIONSHIP DRIVE AND TOURNAMENT BLVD. AS THE SAME ARE SHOWN ON SAID MARCO SHORES UNIT 30 GOLF COURSE, FOR THE FOLLOWING 7 COURSES: 1. THENCE CONTINUE S 57'04'56"E. FOR A DISTANCE OF 564.37 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE SOUTHWESTERLY; 2. THENCE RUN SOUTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 3,950.00 FEET, THROUGH A CENTRAL ANGLE OF 12'12'13", SUBTENDED BYA CHORD OF 839.73 FEET AT A BEARING OF S.50'58'50"E., FOR A DISTANCE OF 841.32 FEET TO THE END OF SAID CURVE; 3. THENCE RUN S.44'52'43"E., FOR A DISTANCE OF 351.89 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE WESTERLY; 4. THENCE RUN SOUTHERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 50.00 FEET, THROUGH A CENTRAL ANGLE OF 90'00'00", SUBTENDED BY A CHORD OF 70.71 FEET ATABEARINGOFS00,07,17-W. FOR A DISTANCE OF 78.54 FEET TO THE END OF SAID CURVE; 5. THENCE RUN S 45'07'17"W. FOR A DISTANCE OF 142.01 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE SOUTHEASTERLY; 6. THENCE RUN SOUTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 2,050.00 FEET, THROUGH A CENTRAL ANGLE OF 14'05'12", SUBTENDED BY A CHOPO OF 502.74 FEET AT A BEARING OF S.38'04'41"W., FOR ~,DISTANCE OF 504.01 FEET TO THE END OF SAID CURVE; 7. THENCE RUN S.31'02'05"W., FOR A DISTANCE OF 243.18 FEET; THENCE DEPARTING THE WESTERLY RIGHT-OF-WAY LINE OF TOURNAMENT BLVD., RUN S.58'57'55"E. FOR A DISTANCE OF 150.00 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF- WAY LINE OF MARRIO]-T CLUB DRIVE; THENCE CONTINUE ALONG THE SOUTHERLY RIGHT-OF- WAY LINE OF MARRIOTT CLUB DRIVE FOR THE FOLLOWING 3 COURSES: O H.M.A. PROJECT #93.132 AUGUST 26, 1997 REF. DWG. B-2128 PAGE 3 OF 4 1. THENCE CONTINUE S.58'57'55"E., FOR A DISTANCE OF 892.53 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE SOUTHWESTERLY; 2. THENCE RUN SOUTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING .~ RADIUS OF 3,950.00 FEET, THROUGH A CENTRAL ANGLE OF 08°44'55", SUBTENDED BY A CHORD OF 602.55 FEET AT A BEARING OF S.54'35'27"E., FOR A DISTANCE OF 603.13 FEET TO THE END OF SAID CURVE; 3. THENCE RUN S.50'13'00"E., FOR A DISTANCE OF 800.51 FEET; THENCE DEPARTING THE SOUTHERLY RIGHT-OF-WAY LINE OF MARRIOT-F CLUB DRIVE, RUN S.39'47'00"W., FOR A DISTANCE OF 10.00 FEET; THENCE RUN N.50'13'O0"W., FOR A DISTANCE OF 800.51 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE SOUTHWESTERLY; THENCE RUN NORTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 3,940.00 FEET, THROUGH A CENTRAL ANGLE OF 08'44'55", SUBTENDED BY A CHORD OF 601.02 FEET AT A BEARING OF N.54'35'28"W., FOR A DISTANCE OF 601.61 FEET TO THE END OF SAID CURVE; THENCE RUN N.58'57'55"W., FOR A DISTANCE OF 1,052.53 FEET; THENCE RUN N.31'02'05"E., FOR A DISTANCE OF 253.18 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE SOUTHEASTERLY; THENCE RUN NORTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 2,060.00 FEET, THROUGH A CENTRAL ANGLE OF 14°05'12", SUBTENDED BY A CHORD OF 505.19 FEET AT A BEARING OF N.38'04'41 "E., FOR A DISTANCE OF 506.47 FEET TO THE END OF SAID CURVE; THENCE RUN N.45'07'lT"E., FOR A DISTANCE OF 142.01 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE WESTERLY; THENCE RUN NORTHERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 40.00 FEET, THROUGH A CENTRAL ANGLE OF 90'00'00", SUBTENDED BY A CHORD OF 56.57 FEET AT A BEARING OF N.00°OT'17"E., FOR A DISTANCE OF 62.83 FEET TO THE END OF SAID CURVE; THENCE RUN N.44'52'43"W., FOR A DISTANCE OF 351.89 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE SOUTHWESTERLY; THENCE RUN NORTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, HA~/ING A RADIUS OF 3,940.00 FEET, THROUGH A CENTRAL ANGLE OF 12'12'13", SUBTENDED BY A CHORD OF 837.61 FEET AT A BEARING OF N.50"58'49qN., FOR A DISTANCE OF 839.19 FEET TO THE END OF SAID CURVE; FHENCE RUN N.57'O4'56"W., FOR A DISTANCE OF 592.52 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE NORTHEASTERLY; THENCE RUN NORTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 1,060.00 FEET, THROUGH A CENTRAL ANGLE OF 13'51 '13', SUBTENDED BY A CHORD OF 255.68 FEET AT A BEARING OF N.50'09'I,n"W., FOR A DISTANCE OF 256.30 FEET TO THE END OF SAID CURVE; THENCE RUN N.43'13'43"W., FOR A DISTANCE OF 241.85 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE SOUTHWESTERLY; THENCE RUN NORTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 539.00 FEET, THROUGH A CENTRAL ANGLE OF 45"07'01", SUBTENDED BY A CHORD OF 413.55 FEET AT A BEARING OF N.65'47'13"W., FOR A DISTANCE OF 424.43 FEET TO THE END OF SAID CURVE; THENCE RUN N.88°20'44"W., FOR A DISTANCE OF 121.22 FEET; THENCE RUN N.89°13'35"W., FOR A DISTANCE OF 1,068.69 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE SOUTHERLY; THENCE RUN WESTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 489.00 FEET, THROUGH A CENTRAL ANGLE OF 14'04'12", SUBTENDED BY A CHORD OF 119.78 FEET AT A BEARING OF S.83'44'19"W., FOR A DISTANCE OF 120.08 FEET TO A POINT OF REVERSE CURVE, CONCAVE NORTHERLY; THENCE RUN WESTERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 511.00 FEET, THROUGH A CENTRAL ANGLE OF 14'04'12", SUBTENDED BYA CHORD OF 125.17 FEETATA BEARING OF S.83'44'19"W., FOR A DISTANCE OF 125.48 FEET TO THE END OF SAID CURVE; C~ 12C H.M.A. PROJECT #93.132 AUGUST 26, 1997 REF.-DWG. B-2128 PAGE 4 OF 4 THENCE RUN N.89'13'35"W., FOR A DISTANCE OF 399.92 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE NORTHERLY; THENCE RUN WESTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 561.00 FEET, THROUGH A CENTRAL ANGLE OF 14'50'06", SUBTENDED RYA CHORD OF 144.85 FEET ATA BEARING OF N.81'48'32"W., FOR A DISTANCE OF 145.25 FEET TO A POINT OF REVERSE CURVE, CONCAVE SOUTHERLY; THENCE RUN WESTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 339.00 FEET, THROUGH A CENTRAL ANGLE OF 14'50'06', SUBTENDED BY A CHORD OF 87.53 FEET AT A BEARING OF N.81'48'32%M., FOR A DISTANCE OF 87.77 FEET TO THE END OF SAID CURVE; THENCE RUN .89 13 35 W., FOR A DISTANCE OF 115.03 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE SOUTHERLY; THENCE RUN WESTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 89.00 FEET, THROUGH A CENTRAL ANGLE OF 30'29'10', SUBTENDED BY A CHORD OF 46.80 FEET AT A BEARING OF S.75'31'50"W., FOR A DISTANCE OF 47.36 FEET TO A POINT OF REVERSE CURVE, CONCAVE NORTHERLY; THENCE RUN WESTERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 128.00 FEET, THROUGH A CENTRAL ANGLE OF 30'29'10', SUBTENDED BY A CHORD OF 67.31 FEET AT A BEARING OF S.75'31'50"W., FOR A DISTANCE OF 68.11 FEET TO THE END OF SAID CURVE; THENCE RUN N.89'13'35"W., FOR A DISTANCE OF 91.35 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE NORTHEASTERLY; THENCE RUN NORTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 203.00 FEET, THROUGH A CENTRAL ANGLE OF 47'05'45", SUBTENDED BY A CHORD OF 162.20 FEET AT A BEARING OF N.65'40'43"W., FOR A DISTANCE OF 166.86 FEET TO A POINT OF REVERSE CURVE, CONCAVE SOUTHWESTERLY; THENCE RUN NORTHWESTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIU,'; OF 108.50 FEET, THROUGH A CENTRAL ANGLE OF 33'01'27", SUBTENDED BY A CHORD OF 61.68 FEET AT A BEARING OF N.58'38'34%V., FOR A DISTANCE OF 62.54 FEET TO THE END OF SAID CURVE; THENCE RUN N.75'og'17'W., FOR A DISTANCE OF 44.90 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE SOUTHERLY; THENCE RUN WESTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 130.00 FEET, THROUGH A CENTRAL ANGLE OF 14'04'18", SUBTENDED BYA CHORD OF 31.85 FEET AT A BEARING OF N.82'11'26"W., FOR A DISTANCE OF 31.93 FEET TO THE END OF SAID CURVE; THENCE RUN N.89'13'35"W., FOR A DISTANCE OF 57.51 FEET; THENCE RUN N.00'lg'00"E., FOR A DISTANCE OF 10.00 FEET, TO THE POINT OF BEGINNING; CONTAINING 2.039 ACRES, MORE OR LESS. SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OR RECORD. BEARINGS SHOWN HEREON REFER TO THE WEST LINE OF THE NORTHEAST ONE-QUARTER OF SECTION 15, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA AS BEING N.00'18'41'E. HOLE, MONTES & ASSOCIATES, INC. CERTIFICATE OF AUTHORIZATION LB #1772 THOMAS M. MURPHY P.S.M. # 5628 STATE OF FLORIDA '** OR: 2346 PG: 0012 12C Thi~ Instrument prepared by. Mark J. Woodward, Esquire Wc~:x~vard, Pires & Lomtmrdo, P.A. 801 Laurel Oak DrN'e, Suite 640 Napios, FL 34108 Form 4 - Rev. 4/28/89 (Utilities Facilities Subordination Consent and Joinder) Utilities Acceptance Doc ~320 2224997 OR: 2346 PG: 0013 COHIS C[il[ T0 TXl BOAI0 UTILITY FACILITIES SUBORDINATION, CONSENT ;%ND JOI~TDF. E 1997, by TOMEN AMERICA INC., a New York corporation, (hereinafter referred to as "Mortgagee"), in favor of the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER- SEWER. DISTRICT, its successors and assigns (hereinafter referred to as "County"). Mortgagee is used as singular and plural, as the context requires. w I TN ES SETH : 9~EREAS, Mortgagee is the owner and holder of that certain Development Mortgage and Security Agreement in favor of Tomen America Inc., recorded in O.R. Book 2154, page 350; Future Advance and Mortgage Modification Agreement recorded in O.R. Book 2247, page 1316; Assignment of Rents and L~ases recorded in O.R. Book 2247, page 1356: and UCC-1 Financing Statement recorded in O.R. Book 2247, page 1380, all of the Public Records of Collier County, Florida (hereinafter referred to as "Mortgage,,), encumbering the premises legally described therein (hereinafter referred to as the "Encumbered Property"). WHEREAS, County has requested and received from the fee simple owner of the Encumbered Property nonexclusive easements for the installation and maintenance of utility facilities over and across a portion of the encumbered premises legally described in Exhibit "A" attached hereto and incorporated herein by virtue of this reference, which premises are hereinafter referred to as the "Easement Property." WHEREAS, County has requested that Mortgagee consent to, join in and subordinate its "Mortgage" to the interest that County has in the Easement Property to which request Mortgagee has agreed. NOW, THEREFORE, in consideration of TEN DOLLARS ($10.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, the Mortgagee does hereby consent to, join in and subordinate the lien of its "Mortgage" to the grant of that certain easement described herein over, under, and across the Easement Property and any interest of the County in any utility facilities located therein or affixed thereto. Except as subordinated to the easement described herein over, under, and across the Easement Property or any utility facilities located therein or affixed thereto, said "Mortgage" shall remain otherwise in full force and effect. IN WITNESS WHEREOF, the Mortgagee has caused these presents to be executed the date and year first above written. Signed, sealed and delivered in the presence of:~ Print Na~+: 7. Hc~.,~ ~F~ ~int Name: - ~H[~/ ~DM~'N A](ERICA INC., a New York corporation · Nane: 7' ~iA~'c Title {//d £- ~,~ >'[/¢~/~ U'IqLITY FACILITIES SUBORDINATION Page I oF 2 OR: 2346 PG: 0014 STATE OF ~EW YORK 1 2C 5 COUNTY OF NEW YORK ~,~.~The foregoing instrument wax acknowledged beforQ ma %his ~J~-~, 1997, by ~ _(name), ~ day of (title) of TOMEN AMERICA INC., a New York corporation, on behalf of the corporation. He/She is personally known to me and did not take an oath. Pri Note~ty Public ! Commission No. My Commission Expires: JAMES J, McCAIXiTH¥ ~IOTARY PUBLIC. State of Now York No. o1MC5071195 Ouafil~d ~ N~ Wo~ C~n~y Te~ Expires January 6, 19~ (SEAL) FIDOLERS~UT~LrTY~UT~L.SU 8.2 (06/~6/~7] UTILITY FAClLFrlES SUBORDINATION Page 2 of 2 P~,eserv~ng and enhancing Fk~da's quelity of life HOLE. MOt, Cr£$ & ASSOCIATES. INC... H.M.A. PROJECT #93.132 AUGUST 26, 1997 REP. DWG. B-2128 PAGE 1 OF 4 LEGAL DESCRIPTION: A PARCEL OF LAND LOCATED IN A PORTION SECTIONS 14 AND 15, TOWNSHIP 51 SOUTH, R~NGE 26 EAST, COLLIER COUNTY, FLORIDA, AND A PORTION OF GOLF COURSE P,~.RCEL 2 AND TOURNAMENT BLVD. OF MARCO SHORES UNIT 30 GOLF COURSE ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 17, PAGE 98 THROUGH 103 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF THE NORTHEAST ONE-QUARTER OF SECTION 15, TOWNSHIP 51 SOUTH, RANGE 26 -EAST, COLLIER COUNTY, FLORIDA; THENCE RUN N.OO'18'41'E., ALONG THE WEST LINE OF THE NORTHEAST ONE-QUARTER OF SAID SECTION 15,FOR A DISTANCE OF 1,343.26 FEET; THENCE CONTINUE S.89'13'35"E., FOR A DISTANCE OF 144.79 FEET, TO THE OINT F INNING OF THE PARCEL OF LAND HEREINDESCRIBEO; THENCE RUN S.89'13'35"E., FOR A DISTANCE OF 57.59 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE SOUTHERLY; THENCE RUN EASTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 140.00 FEET, THROUGH A CENTRAL ANGLE OF 14'04'18", SUBTENDED BYA CHORD OF 34.30 FEET AT A BEARING OF S.[,2°11'26"E., FOR A DISTANCE OF 34.38 FEET TO THE END OF SAID CURVE; THENCE RUN S.75'09'17'E., FOR A DISTANCE OF 44.90 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE SOUTHWESTERLY; THENCE RUN SOUTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 118.50 FEET, THROUGH A CENTRAL ANGLE OF 33'01'27", SUBTENDED BY A CHORD OF 67.36 FEET AT A BEARING OF S.58'38'34"E., FOR A DISTANCE OF 68.30 FEET TO A POINT OF REVERSE CURVE, CONCAVE NORTHEASTERLY; THENCE RUN SOUTHEASTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 195.00 FEET, THROUGH A CENTRAL ANGLE OF 47'05'45', SUBTENDED BY A CHORD OF 154.21 FEET AT A BEARING OF S.65'40'43'E., FOR A DISTANCE OF 158.64 FEET TO THE END OF SAID CURVE; THENCE RUN S.89'13'35'E., FOR A DISTANCE OF 91.35 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE NORTHERLY; THENCE RUN EASTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 110.00 FEET, THROUGH A CENTRAL ANGLE OF 30'29'10", SUBTENDED BY A CHORD OF 62.05 FEET AT A BEARI;~G OF N.75'31'50"E., FOR A DISTANCE OF 62.79 FEET TO A POINT OF REVERSE CURVE, CONCAVE SOUTHERLY; THENCE RUN EASTERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 99.00 FEET, THROUGH A CENTRAL ANGLE OF 30'29'10', SUBTENDED BY A CHORD OF 52.06 FEET AT A BEARING OF N.75'31'50"E., FOR A DISTANCE OF 52.68 FEET TO THE END OF SAID CURVE; THENCE RUN S.89°13'35"E., FOR A DISTANCE OF 115.03 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE SOUTHERLY; THENCE RUN EASTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 349.00 FEET, THROUGH A CENTRAL ANGLE OF 14'50'06", SUBTENDED BYA CHORD OF 90.11 FEET AT A BEARING OF S.81 '48'32'E., FOR A DISTANCE OF 90.36 FEET TO A POINT OF REVERSE CURVE, CONCAVE NORTHERLY; THENCE RUN EASTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 5.51.00 FEET, THROUGH A CENTRAL ANGLE OF 14'50'06", SUBTENDED BY A CHORD OF 142.27 FEET AT A BEARING OF S.81'48'32"E., FOR A DISTANCE OF 142.67 FEET TO THE END OF SAID CURVE; THENCE RUN S.89'1~'35"E., FOR A DISTANCE OF 399.92 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE NORTHERLY; THENCE RUN EASTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 501.00 FEET, THROUGH A CENTRAL ANGLE OF 14'04'12", SUBTENDED BY A CHORD OF 122.72 FEET AT A BEARING OF N.83'44'19"E., FOR A DISTANCE OF 123.03 FEET TO A POINT OF REVERSE CURVE, CONCAVE SOUTHERLY; THENCE RUN EASTERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 499.00 12C 5 H.M.A. PROJECT #93.132 AUGUST 26, 1997 REF. DWG. B-2128 PAG~ 2 OF 4 FEET, THROUGH A CENTRAL ANGLE OF 14'04'12", SUBTENDED BY A CHORD OF 122.23 FEET AT A BEARING OF N.83'44'19"E., FOR A DISTANCE OF 122.54 FEET TO THE END OF SAID CURVE; THENCE RUN S.89'13'35'E., FOR A DISTANCE OF 1,068.77 FEET; THENCE RUN S.88'20'44'E., FOR A DISTANCE OF 121.30 FEET TO THE BEGINNING OF A TANGENTIAL CIF(CULAR CURVE, CONCAVE SOUTHWESTERLY; THENCE RUN SOUTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 549.00 FEET, THROUGH A CENTRAL ANGLE OF 45'07'01 ", SUBTENDED BY A CHORD OF 421.22 FEET AT A BEARING OF S.65'47'13"E., FOR A DISTANCE OF 432.30 FEET TO THE END OF SAID CURVE; THENCE RUN S.43°13'43'E., FOR A DISTANCE OF 241.85 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE NORTHEASTERLY; THENCE RUN SOUTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 1,050.00 FEET, THROUGH A CENTRAL ANGLE OF 13'51'13", SUBTF_NDEO BY A CHORD OF 253.26 FEET ATA BEARING OF S.50'09'19"E., FOR A DISTANCE OF 253.88 FEET TO THE END OF SAID CURVE; THENCE RUN S.57°04'56"E., FOR A DISTANCE OF 28.15 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF CHAMPIONSHIP DRIVE ACCORDII'~G TO THE PLAT THEREOF RECORDED IN PLAT BOOK 17 AT PAGES 98 THROUGH 103 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE CONTINUE ALONG THE RIGHT-OF-WAY LINES OF CHAMPIONSHIP DRIVE AND TOURNAMENT BLVD. AS THE SAME ARE SHOWN ON SAID MARCO SHORES UNIT 30 GOLF COURSE. FOR THE FOLLOWING 7 COURSES: 1. THENCE CONTINUE S.57'04'56"E., FOR A DISTANCE OF 564.37 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE SOUTHWESTERLY; THENCE RUN SOUTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE RIGH'r, HAVING A RADIUS OF 3,950.00 FEET, THROUGH A CENTRAL ANGLE OF 12'12'13", SUBTENDED BYA CHORD OF 839.73 FEET AT A BEARING OF S.50'58'50"E., FOR A DISTANCE OF 841.32 FEET TO THE END OF SAID CURVE: 3. THENCE RUN S.44'52'43"E., FOR A DISTANCE OF 351.89 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE WESTERLY; THENCE RUN SOUTHERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 50.00 FEET, THROUGH A CENTRAL ANGLE OF 90'00'00", SUBTENDED BY A CHORD OF 70.71 FEET AT A BEARING OF S.00'07'17'W., FOR A DISTANCE OF 78.54 FEET TO THE END OF SAID CURVE; 5. THENCE RUN S.45'07'17'W., FOR A DISTANCE OF 142.01 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE SOUTHEASTERLY; THENCE RUN SOUTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 2,050.00 FEET, THROUGH A CENTRAL ANGLE OF 14'05'12", SUBTENDED BY A CHORD OF 502.74 FEET AT A BEARING OF S.38'04'41"W., FOR A DISTANCE OF 504.01 FEET TO THE END OF SAID CURVE; 7, THENCE RUN S.31'02'05"W., FOR A DISTANCE OF 243.18 FEET; THENCE DEPARTING THE WESTERLY RIGHT-OF-WAY LINE OF TOURNAMENT BLVD., RUN S.58'57°55"E. FOR A DISTANCE OF 150.00 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF- WAY LINE OF MARRIOTT CLUB DRIVE; THENCE CONTINUE ALONG THE SOUTHERLY RIGHT-OF- WAY LINE OF MARRIOTT CLUB DRIVE FOR THE FOLLOWING 3 COURSES; 12C 5 H.M.A. PROJECT #93.132 AUGUST 26, 1997 REF. DWG. B-2128 PAGE 3 OF 4 1. THENCE CONTINUE S.58'57'55"E., FOR A DISTANCE OF 892.53 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE SOUTHWESTERLY; 2. THENCE RUN SOUTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 3,950.00 FEET, THROUGH A CENTRAL ANGLE OF 08'44'55", SUBTENDED BY A CHORD OF 602.55 FEET AT A BEARING OF S.54'35'27"E., FOR A DISTANCE OF 603.13 FEET TO THE END OF SAID CURVE; 3. THENCE RUN S.50'13'00"E., FOR A DISTANCE OF 800.51 FEET; THENCE DEPARTING THE SOUTHERLY RIGHT-OF-WAY LINE OF MARRIOTT CLUB DRIVE, RUN S,39'47'00'W., FOR A DISTANCE OF 10.00 FEET; THENCE RUN N.50°13'00"W., FOR A DISTANCE OF 800.51 FEET TO THE BEGINNI~G OF A TANGENTIAL CIRCULAR CURVE. CONCAVE SOUTHWESTERLY; THENCE RUN NORTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 3,940.00 FEET, THROUGH A CE[~TRAL ANGLE OF 08'44'55', SUBTENDED BY A CHORD OF 601.02 FEET AT A BEARING OF N.54'35'28"W., FOR A DISTANCE OF 601.61 FEET TO THE END OF SAID CURVE; THENCE RUN N.58'57'55"W.. FOR A DISTANCE OF 1,052.53 FEET; THENCE RUN N.31'02'05'E., FOR A DISTANCE OF 253.18 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE SOUTHEASTERLY; THENCE RUN NORTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 2,O60.00 FEET, THROUGH A CENTRAL ANGLE OF 14°05'12", SUBTENDED BY A CHORD OF 505.19 FEET AT A BEARING OF N.38'04'41'E.. FOR A DISTANCE OF 506.47 FEET TO TF;~ END OF SAID CURVE; THENCE RUN N.45'07'lT"E., FOR A DISTANCE OF 142.01 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE WESTERLY; THENCE RUN NORTHERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 40.00 FEET, THROUGH A CENTRAL ANGLE OF 90'00'00", SUBTENDED BY A CHORD OF 56.57 FEET AT A BEARING OF N.00'O7'17"E.. FOR A DISTANCE OF 62.83 FEET TO THE END OF SAID CURVE; THENCE RUN N.44'52'43"W., FOR A DISTANCE OF 351.89 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE SOUTHWESTERLY; THENCE RUN NORTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 3,940.00 FEET, THROUGH A CENTRAL ANGLE OF 12'12'13', SUBTENDED BYA CHORD OF 837.61 FEET AT A BEARING OF N.50'55'49"VV., FOR A DISTANCE OF 839.19 FEET TO THE ENO OF SAID CURVE; THENCE RUN N.57'04'56"W., FOR A DISTANCE OF 592.52 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE NORTHEASTERLY; THENCE RUN NORTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 1,0~0.00 FEET, THROUGH A CENTRAL ANGLE OF 13'51'13', SUBTENDED BY A CHORD OF 255.68 FEET AT A BEARING OF N.50'09'19"W., FOR A DISTANCE OF 256.30 FEET TO THE END OF SAID CURVE; THENCE RUN N.43'13'43"W., FOR A DISTANCE OF 241.85 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE SOUTHWESTERLY; THENCE RUN NORTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 539.00 FEET, THROUGH A CENTRAL ANGLE OF 45'07'01', SUBTENDED BY A CHORD OF 413.55 FEET AT A BEARING OF N.65'47'13"W., FOR A DISTANCE OF 424.43 FEET TO THE END OF SAID CURVE; THENCE RUN N.88'20'44"W., FOR A DISTANCE OF 121.22 FEET; THENCE RUN N.89'13'35"W., FOR A DISTANCE OF 1,068.69 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE SOUTHERLY; THENCE RUN WESTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 469.00 FEET, THROUGH A CENTRAL ANGLE OF 14°04'12". SUBTENDED BYA CHORD OF 119.78 FEET AT A BEARING OF S.83'44'19"W., FOR A DISTANCE OF 120.08 FEET TO A POINT OF REVERSE CURVE, CONCAVE NORTHERLY; THENCE RUN WESTERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT. HAVING A RADIUS OF 511.00 FEET, THROUGH A CENTRAL ANGLE OF 14'04'12', SUBTENDED BY A CHORD OF 125.17 FEET AT A BEARING OF S.63'44'19"W., FOR A DISTANCE OF 125.48 FEET TO THE END OF SAID CURVE; H.M.A. PROJECT #93.132 AUGUST 26, 1997 REF. DWG. B-2128 PAGE 4 OF 4 THENCE RUN N.89'13'55'W., FOR A DISTANCE OF 399.92 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE NORTHERLY; THENCE RUN WESTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 561,00 FEtET, THROUGH A CENTRAL ANGLE OF 14'50'06", SUBTENDED BY A CHORD OF 144.85 FEET AT A BEARING OF N.81'48':32'W,, FOR A DISTANCE OF 145.25 FEET TO A POINT OF REVERSE CURVE, CONCAVE SOUTHERLY; THENCE RUN WESTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 339.00 FEET, THROUGH A CENTRAL ANGLE OF 14'50'06", SUBTENDED BY A C~{ORD OF 87.53 FEET AT A BEARING OF N.81'48'52"W., FOR A DISTANCE OF 87.77 FEET TO THE END OF SAID CURVE; THENCE RUN N.89'15'3S"W., FOR A DISTANCE OF 115.03 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE SOUTHERLY; THENCE RUN WESTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 89.00 FEET, THROUGH A CENTRAL ANGLE OF 30'29'10", SUBTENDED BY A CHORD OF 46.80 FEET AT A BEARING OF S.75'51'50'W., FOR A DISTANCE OF 47.36 FEET TO A POINT OF REVERSE CURVE, CONCAVE NORTHERLY; THENCE RUN WESTERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 128.00 FEET, THROUGH A CENTRAL ANGLE OF 50'29'10", SUBTENDED BY A CHORD OF 67.31 FEET AT A BEARING OF S.75'31'50"W., FOR A DISTANCE OF 68.11 FEET TO THE END OF SAID CURVE; THENCE RUN N.89°13'35"W., FOR A DISTANCE OF 91 .:35 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE NORTHEASTERLY; THENCE RUN NORTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 203.00 FEET, THROUGH A CENTRAL ANGLE OF 47°05'45", SUBTENDED BY A CHORD OF 162.20 FEET AT A BEARING OF N.65'40'43"W., FOR A DISTANCE OF 166.86 FEET TO A POINT OF REVERSE CURVE, CONCAVE SOUTHWESTERLY; THE;~CE RUN NORTHWESTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 108.50 FEET, THROUGH A CENTRAL ANGLE OF 33'01'27', SUBTENDED BY A CHORD OF 61.68 FEET AT A BEARING OF N.58°38'54"W., FOR A DISTANCE OF 62.54 FEET TO THE END OF SAID CURVE; THENCE RUN N.75°09'17"VV., FOR A DISTANCE OF 44.90 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE SOUTHERLY; THENCE RUN WESTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 130.00 FEET, THROUGH A CENTRAL ANGLE OF 14°04'18", SUBTENDED BY A CHORD OF 31.85 FEET AT A BEARING OF N.82*ll'26"W., FOR A DISTANCE OF 31,93 FEET TO THE END OF SAID CURVE; THENCE RUN N.89'13'35'W., FOR A DISTANCE OF 57,51 FEET; THENCE RUN N.00'19'00"E., FOR A DISTANCE OF 10.00 FEET, TO THE POINT OF BEGINNING; CONTAINING 2.039 ACRES, MORE OR LESS. SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OR RECORD. BEARINGS SHOWN HEREON REFER TO THE WEST LINE OF THE NORTHEAST ONE-QUARTER OF SECTION 15, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA AS BEING N.00'lS'41'E. HOLE, MONTES & ASSOCIATES, INC. CERTIFICATE OF AUTHORIZATION LB #1772 THOMAS M. MURPH'o' STATE OF FLORIDA C> *** OR: 2346 PG: 0019 " 120 · Form 5 - Rev. 4/28/89 Attorney's Affidavit) Utililies Acceptance - Doc #320 This Instrument prepared by: Mark J. Woodward, Esquire Woodward, Pires & Lombardo, P.A. 801 Laurel Oak Drive, Suite 640 Naples, FL 34108 2224998 OR: 2346 PG: 0020 IiC0RDI0 in 0FHCIAL UC010S 0~ C0LLII! C0~I/Y, ilC 711 ¢0H15 1,00 72~0 ATTORNEY'S AFFIDAVIT STATE OF FLORIDA COUNTY OF COLLIER On this 3rd day of September, 1997, before me personally appeared Mark J. Woodward, a licensed attorney authorized to practice in the State of Florida, to me personally known, whose current business address and telephone number is 801 Laurel Oak Drive, Suite 640, Naples, Florida 34108, (941) 566- 3131 (hereinafter "Affiant"), who, being duly sworn on his oath, does say: 1. This Affidavit is given as an inducement to the Board of County Commissioners of Collier County, Florida, as the governing body of Collier County and as Ex-Officio the Governing Board of the Collier County Water- Sewer District to accept the dedication or conveyance of water and sewer utility facilities located within or upon the real property described in the attached Exhibit "A", which is incorporated herein by reference, said land b~ing located in Collier County, Florida. 2. The Affiant has examined record title information to both the real and personal property referenced in this affidavit, including but not limited to, information requested from the Florida Secretary of State relative to any Uniform Commercial Code financing statements from Commonwealth Land Title Insurance Company's Policy No. 107-671953 and endorsements which cover all public records on file up to and including February 3, 1994; Chicago Title Insurance Company's Policy No. 10 0878 106 00000009 which covers all public records on file up to and including June 26, 1996; and abstracts from First Title & Abstract, Inc., which covers all public records on file up to and including June 24, 1997, at 5:00 p.m. From such examination, I am of the opinion that: The record title is vested in Gulf Bay 100, Inc., and Parcel Z, Inc., d/b/a 951 Land Holdings Joint Venture, by instruments recorded in O.R. Book 1911, page 144, and in O.R. Book 2199, page 1420, Public Records of Collier County, Florida. Said record title holders have a fee simple title thereto subject, however, to the following qualifications: 1. Taxes: For the year 1997 and subsequent years although not yet due and payable until on or after November 1, 1997. 1996 taxes were paid on November 26, 1996. 2. Department of Army Permit issued under Application Number 78B-0683 having an effective date of September 29, 1983, and recorded in O.R. Book 1360, pages 1238-1252, recorded September 24, 1991, in O.R. Book 1650, at pages 160-174. 3. Road Easement dated December 12, 1989, from the Deltona Corporation, to The School Board of Collier County, recorded December 29, 1989, in O.R. Book 1495, at pages 374-383. 4. Temporary Access Easement recorded April 10, 1997, in O.R. Book 2303, page 1792, Public Records of Collier County, Florida. 5. Development Mortgage and Security Agreement in favor of Tomen ~erica Inc. recorded in O.R. Book 2154, page 350; Future Advance and Mortgage Modification Agreement recorded in O.R. Book 2247, page 1316; Assignment Page 1 of 2 OR: 2346 PG: 0021 of Rents and Leases recorded in O.R. Book 2247, page 1356; and UCC-1 Financing Statement recorded in O.R. Book 2247, page 1380, all of the Public Records of Collier County, Florida. 6. Polling Place Agreement between 951 Land Holdings Joint Venture and the Supervisor of Elections, recorded in O.R. Book 2169, page 1177, Public Records of Collier County, Florida. 7. Final Judgment validating the Fiddler's Creek Community Development District Special Assessment Revenue Bonds, Case No. 96-3097-CA-01-TB, recorded in O.R. Book 2239, page 1896, Public Records of Collier County, Florida. 8. Avigation Easement in favor of Collier County and Collier County Airport Authority, recorded October 25, 1996, in O.R. Book 2242, page 2307, Public Records of Collier County, Florida. 9. That certain Planned Unit Development (P.U.D.) issued by Collier County under Ordinance No. 84-41 (84-42) on June 12, 1984, as amended by Ordinance Nos. 88-48 and 89-34 as issued on May 24, 1988, and June 13, 1989 respectively, Collier County, Florida. 10. That certain Development Order (D.O.) issued by Collier County under Ordinance No. 84-3 on June 12, 1984, recorded February 15, 1990, in O.R. Book 1505, pages 1728 through 1782, as amended by ordinance Nos. 88-117 i~sued May 24, 1988, recorded in O.R. Book 1505, page 2348, and 89-149 as issued June 13, 1989, recorded in O.R. Book 1505, page 1795, recorded in O.R. Book 1514, at pages 746-760, Collier County, Florida. 11. Potable Water Easement dated November 9, 1989, from The Deltona Corporation, to City National Bank of Florida, as Trustee, recorded November 16, 1989, in O.R. Book 1484, at pages 1697-1711. Not covered in this Title Opinion are: rights of parties und.~r unrecorded purchase agreements or leases, if any; and facts that might be disclosed by an accurate survey or personal inspection of the property. A copy of each of the above-referenced instruments is attached hereto and by reference made a part hereof. Affiant further states that the information contained in this Affidavit is true, correct and current as of the date this Affidavit is given. Mark J. Woodward STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affirmed) and subscribed before me this 3rd day of September, 1997, by MARK J. WOODWARD, who is personally known to me. 'Prin~ Name: Notary Public Commission No. My Commission Expires: (SEAL) Page 2 of 2 128 5 Prese~in~ and enhancing Flor'ida's qualify' of life ~inco t 966 HOLE, MONTES & ASSOCIATES, INC. ENGINEERS PLANNERS SUrrVEYORS H.M.A. PROJECT at93.132 AUGUST 26, 1997 REF. DWG. B-2128 PAGE 1 OF 4 LEGAL DESCRIPTION: A PARCEL OF LAND LOCATED IN A PORTION SECTIONS 14 AND 15, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, AND A PORTION OF GOLF COURSE PARCEL 2 AND TOURNAMENT BLVD. OF MARCO SHORES UNIT 30 GOLF COURSE ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 17, PAGE 98 THROUGH 103 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF THE NORTHEAST ONE-QUARTER OF SECTION 15, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN N.00"18'41"E., ALONG THE WEST LINE OF THE NORTHEAST ONE-QUARTER OF SAID SECTION ~.5,FOR A DISTANCE OF 1,343.26 FEET; THENCE CONTINUE S.89°13'35"E., FOR A DISTANCE OF 144.79 FEET, TO THE I OF I IN OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE RUN S.89'13'35'E., FOR A DISTANCE OF 57.59 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE SOUTHERLY; THENCE RUN EASTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 140.00 FEET, THROUGH A CENTRAL ANGLE OF 14'04'18', SUBTENDED BY A CHORD OF 34.30 FEET AT A BEARING OF S.82'11'26'E., FOR A DISTANCE OF 34.38 FEET TO THE END OF SAID CURVE; THENCE RUN S.75'09'17'E., FOR A DISTANCE OF 44.90 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE SOUTHWESTERLY; THENCE RUN SOUTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 118.50 FEET, THROUGH A CENTRAl. ANGLE OF 33'01'27', SUBTENDED BY A CHORD OF 67.36 FEET AT A BEARING OF S.58'38'34'E., FOR A DISTANCE OF 68.30 FEET TO A POINT OF REVERSE CURVE, CONCAVE NORTHEASTERLY; THENCE RUN SOUTHEASTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 193.00 FEET, THROUGH A CENTRAL ANGLE OF 47°05'45'. SUBTENDED BY A CHORD OF 154.21 FEET AT A BEARING OF S.65'40'43'E., FOR A DISTANCE OF 158.64 FEET TO THE END OF SAID CURVE; TFIENCE RUN S.89'13'35'E., FOR A DISTANCE OF 91.35 FEET TO THE BEGIHNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE NORTHERLY; THENCE RUN EASTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT. HAVING A RADIUS OF 118.00 FEET, THROUGH A CENTRAL ANGLE OF 30'29'10", SUBTENDED BY A CHORD OF 62.05 FEET AT A BEARING OF N.75'31'50'E., FOR A DISTANCE OF 62.79 FEET TO A POINT OF REVERSE CURVE, CONCAVE SOUTHERLY; THENCE RUN EASTERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 99.00 FEET, THROUGH A CENTRAL ANGLE OF 30'29'10", SUBTENDED BY A CHORD OF 52.06 FEET AT A BEARING OF N.75*31'50"E., FOR A DISTANCE OF 52.68 FEET TO THE END OF SAID CURVE; THENCE RUN S.89°13'35"E., FOR A DISTANCE OF 115.03 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE SOUTHERLY; THENCE RUN EASTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 349.00 FEET, THROUGH A CENTRAL ANGLE OF 14'50'06', SUBTENDED BY A CHORD OF 90.11 FEET AT A BEARING OF S.81'48'32"E., FOR A DISTANCE OF 90.36 FEET TO A POINT OF REVERSE CURVE, CONCAVE NORTHERLY; THENCE RUN EASTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 551.00 FEET, THROUGH A CENTRAL ANGLE OF 14'50'06", SUBTENDED BY A CHORD OF 142.27 FEET AT A BEARING OF S.81'48'32"E., FOR A DISTANCE OF 142.67 FEET TO THE END OF SAID CURVE; THENCE RUN S.89'13'35"E., FOR A DISTANCE OF 399.92 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE NORTHERLY; THENCE RUN EASTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 501.00 FEET, THROUGH A CENTRAL ANGLE OF 14'04'12", SUBTENDED BY A CHORD OF 122.72 FEET AT A BEARING OF N.83'44'19"E., FOR A DISTANCE OF 123.03 FEET TO A POINT OF REVERSE CURVE, CONCAVE SOUTHERLY; THENCE RUN -EASTERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 499.00 12. g H.M.A. PROJECT #93.132 AUGUST 26, 1997 REF. DWG. B-2128 PAGE 2 OF 4 FEET, THROUGH A CENTRAL ANGLE OF 14'04'12', SUBTENDED BY A CHORD OF 122.23 FEET ATA BEARING OF N.83'44'19'E., FOR A DISTANCE OF 122.54 FEET TO THE END OF SAID CURVE; THENCE RUN S.89'13'35'E., FOR A DISTANCE OF 1,068.77 FEET; THENCE RUN S.88'20'44"E., FOR A DISTANCE OF 121.30 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE SOUTHWESTERLY; THENCE RUN SOUTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 549.00 FEET, THROUGH A CENTRAL ANGLE OF 45'07'01", SUBTENDED BY A CHORD OF 421.22 FEET AT A BEARING OF S.65°47'13'E., FOR A DISTANCE OF 432.30 FEET TO THE END OF SAID CURVE; THENCE RUN S.43'13'43'E., :~OR A DISTANCE OF 241.85 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE NORTHEASTERLY; THENCE RUN SOUTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 1,050.00 FEET, THROUGH A CENTRAL ANGLE OF 13'51'13', SUBTENDED BY A CHORD OF 253.26 FEET AT A BEARING OF S.50'09'19'E., FOR A DISTANCE OF 253.88 FEET TO THE END OF SAID CURVE; THENCE RUN S.57'04'56'E., FOR A DISTANCE OF 28.15 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF CHAMPIONSHIP DRIVE ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 17 AT PAGES 98 THROUGH 103 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THEHCE CONTINUE ALONG THE RIGHT-OF-WAY LINES OF CHAMPIONSHIP DRIVE AND TOURNAMENT BLVD. AS THE SAME ARE SHOWN ON SAID MARCO SHORES UNIT 30 GOLF COURSE, FOR THE FOLLOWING 7 COURSES: 1. THENCE CONTINUE S.57'04'56"E., FOR A DISTANCE OF 564.37 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE SOUTHWESTERLY; 2. THENCE RUN SOUTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 3,950.00 FEET, THROUGH A CENTRAL ANGLE OF 12°12'13". SUBTENDED BYA CHORD OF 839.73 FEET AT A BEARING OF S.50'58'50'E., FOR A DISTANCE OF 841.32 FEET TO THE END OF SAID CURVE; 3. THENCE RUN S.44'52'43'E., FOR A DISTANCE OF 351.89 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE WESTERLY; 4. THENCE RUN SOUTHERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 50.00 FEET, THROUGH A CENTRAL ANGLE OF 90'00'00", SUBTENDED BY A CHORD OF 70.71 FEET AT A BEARING OF S.00'07'17"W., FOR A DISTANCE OF 78.54 FEET TO THE END OF SAID CURVE; 5. THENCE RUN S.45'07'17~N., FOR A DISTANCE OF 142.01 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE SOUTHEASTERLY; 6. THENCE RUN SOUTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A P~.DIUS OF 2,050.00 FEET, THROUGH A CENTRAL ANGLE OF 14°05'12", SUBTENDED BY A CHORD OF 502.74 FEET AT A BEARING OF S.38°04'41"W., FOR A DISTANCE OF 504.01 FEET TO THE END OF SAID CURVE; 7. THENCE RUN S.31'02'05'W., FOR A DISTANCE OF 243.18 FEET; THENCE DEPARTING THE WESTERLY RIGHT-OF-WAY LINE OF TOURNAMENT BLVD., RUN S.58'57'55"E. FOR A DISTANCE OF 150.00 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF- WAY LINE OF MARRIOTT CLUB DRIVE; THENCE CONTINUE ALONG THE SOUTHERLY RIGHT-OF- WAY LINE OF MARRIOTT CLUB DRIVE FOR THE FOLLOWING 3 COURSES: H.M.A. PROJECT/193.132 AUGUST 26, 1997 REF. DWG. B-2128 PAGE 3 OF 4 1. THENCE CONTINUE S.58'57'55"E., FOR A DISTANCE OF 892.53 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE SOUTHWESTERLY; 2. THENCE RUN SOUTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 3,950.00 FEET, THROUGH A CENTRAL ANGLE OF 08'44'55', SUBTENDED BY A CHORD OF 602.55 FEET AT A BEARING OF S.54'35'27'E., FOR A DISTANCE OF 603.13 FEET TO THE END OF SAID CURVE; 3. THENCE RUN S.50'13'00"E., FOR A DISTANCE OF 800.51 FEET; THENCE DEPARTING THE SOUTHERLY RIGHT-OF-WAY LINE OF MARRIOtt CLUB DRIVE, RUN S.39'47'00'W., FOR A DISTANCE OF 10.00 FEET; THENCE RUN N.50'lY00"W., FOR A DISTANCE OF 800.51 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE SOUTHWESTERLY; THENCE RUN NORTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 3,940.00 FEET, THROUGH A CENTRAL ANGLE OF 08'44'55', SUBTENDED BY A CHORD OF 601.02 FEET AT A BEARING OF N.54'35'28'W., FOR A DISTANCE OF 601.61 FEET TO THE END OF SAID CURVE; THENCE RUN N.58'57'55'VV., FOR A DISTANCE OF 1,052.53 FEET; THENCE RUN N.31'02'05'E., FOR A DISTANCE OF 253.18 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE SOUTHEASTERLY; THENCE RUN NORTHEASTERLY ALONG THE ARC OF SAiD CURVE TO THE RIGHT, HAVING A RADIUS OF 2,060.00 FEET, THROUGH A CENTRAL ANGLE OF 14'05'12", SUBTENDED BY A CHORD OF 505.19 FEET AT A BEARING OF N.38'O4'41'E., FOR A DISTANCE OF 506.47 FEET TO THE END OF SAID CURVE; THENCE RUN N.45'07'17"E., FOR A DISTANCE OF 142.01 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE WESTERLY; THENCE RUN NORTHERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 40.00 FEET, THROUGH A CENTRAL ANGLE OF 90'00'00', SUBTENDED BY A CHORD OF 56.57 FEET AT A BEARING OF N.O0'07'lT'E., FOR A DISTANCE OF 62.83 FEET TO THE END OF SAID CURVE; THENCE RUN N.44'52'43'W., FOR A DISTANCE OF 351.89 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CO;~CAVE SOUTHWESTERLY; THE/~CE RUN NORTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 3,940.00 FEET, THROUGH A CENTRAL ANGLE OF 12'12'13', SUBTENDED BY A CHORD OF 837.61 FEET AT A BEARING OF N.50'58'49"W., FOR A DISTANCE OF 839.19 FEET TO THE END OF SAID CURVE; THENCE RUN N.57'04'56"VV., FOR A DISTANCE OF 592.52 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE NORTHEASTERLY; THENCE RUN NORTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 1,060.00 FEET, THROUGH A CENTRAL ANGLE OF 13°51'13', SUBTENDED BY A CHORD OF 255.68 FEET AT A BEARING OF N.50'09'19"W., FOR A DISTANCE OF 256.30 FEET TO THE END OF SAID CURVE; THENCE RUN N.43°13'43"W., FOR A DISTANCE OF 241.85 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE SO~ESTERLY; THENCE RUN NORTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 539.00 FEET, THROUGH A CENTRAL ANGLE OF 45'07'01', SUBTENDED BY A CHORD OF 413.55 FEET AT A BEARING OF N.65'47'13'W., FOR A DISTANCE OF 424.43 FEET TO THE END OF SAID CURVE; THENCE RUN N.88°20'44"W., FOR A DISTANCE OF 121.22 FEET; THENCE RUN N.89'13'35"W., FOR A DISTANCE OF 1,068.69 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CQNCAVE SOUTHERLY; THENCE RUN WESTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 489.00 FEET, THROUGH A CENTRAL ANGLE OF 14'04'12", SUBTENDED BY A CHORD OF 119.78 FEET AT A BEARIF~G OF S.83'44'lg'VV., FOR A DISTANCE OF 120.08 FEET TO A POINT OF REVERSE CURVE, CONCAVE NORTHERLY; THENCE RUN WESTERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 511.00 FEET, THROUGH A CENTRAL ANGLE OF 14'04'12', SUBTENDED BY A CHORD OF 125.17 FEET AT A BEARING OF S.83'44'19'W., FOR A DISTANCE OF 125.48 FEET TO THE END OF SAID CURVE; O 0 0 H.M.A. PROJECT #93.132 AUGUST 26, 1997 REF. DWG. B-2128 PAGE 4 OF 4 THENCE RUN N.89'13'35'W., FOR A DISTANCE OF 399.92 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE NORTHERLY; THENCE RUN WESTERLY ALONG THE ARC OF SAID CURVE 70 THE RIGHT, HAVING A RADIUS OF 561.00 FEET, THROUGH A CENTRAL ANGLE OF 14'50'06", SUBTENDED BY A CHORD OF 144.85 FEET AT A BEARING OF N.81 '48'32"W., FOR A DISTANCE OF 145.25 FEET TO A POINT OF REVERSE CURVE, CONCAVE SOUTHERLY; THENCE RUN VVESTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 339.00 FEET, THROUGH A CENTRAL ANGLE OF 14'50'06", SUBTENDED BY A CHORD OF 87.53 FEET AT A BEARING OF N.81'48'32'VV., FOR A DISTANCE OF 87.77 FEET TO THE END OF SAID CURVE; THENCE RUN N.89'13'35"W., FOR A DISTANCE OF 115.03 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE SOUTHERLY; THENCE RUN WESTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 89.00 FEET, THROUGH A CENTRAL ANGLE OF 30'29'10', SUBTENDED BY A CHORD OF 46.80 FEET AT A BEARING OF S.75'31'50"W., FOR A DISTANCE OF 47.36 FEET TO A POINT OF REVERSE CURVE, CONCAVE NORTHERLY; THENCE RUN WESTERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 128.00 FEET, THROUGH A CENTRAL ANGLE OF 30'29'10', SUBTENDED BY A CHORD OF 67.31 FEET AT A BEARING OF S.75'31'50"W., FOR A DISTANCE OF 68.11 FEET TO THE END OF SAID CURVE; THENCE RUN N.89'13'35"W., FOR A DISTANCE OF 91.35 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE NORTHEASTERLY; THENCE RUN NORTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 203.00 FEET, THROUGH A CENTRAL ANGLE OF 47'05'45', SUBTENDED BY A CHORD OF 162.20 FEET AT A BEARING OF N.65'40'43"VV., FOR A DISTANCE OF 166.86 FEET TO A POINT OF REVERSE CURVE, CONCAVE SOUTHWESTERLY; THENCE RUN NORTHWESTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, I-~VING A RADIUS OF 108.50 FEET, THROUGH A CENTRAL ANGLE OF 33°01'27', SUBTENDED BY A CHORD OF 61,68 FEET AT A BEARING OF N.58'38'34'VV., FOR A DISTANCE OF 62.54 FEET TO THE END OF SAID CURVE; THENCE RUN N.75°og'17'W., FOR A DISTANCE OF 44.90 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE SOUTHERLY; THENCE RUN WESTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 130.00 FEET, THROUGH A CENTRAL ANGLE OF 14'04'18", SUBTENDED BY A CHORD OF 31.85 FEET AT A BEARING OF N.82'11'26"W., FOR A DISTANCE OF 31.93 FEET TO THE END OF SAID CURVE; THENCE RUN N.89'13'35'W., FOR A DISTANCE OF 57.51 FEET; THENCE RUN N.OO'19'00"E., FOR A DISTANCE OF 10.00 FEET, TO THE POINT OF BEGINNING; CONTAINING 2.039 ACRES. MORE OR LESS. SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OR RECORD. BEARINGS SHOWN HEREON REFER TO THE WEST LINE OF THE NORTHEAST ONE-QUARTER OF SECTION 15, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA AS BEING N.00'lS'41'E. HOLE, MONTES & ASSOCIATES, INC. CERTIFICATE OF AUTHORIZATION LB #1772 THOMAS M. MURPI-;Y P.S.M. # 5628 STATE OF FLORIDA OR: 2346 PG: 0026